Excelsior Correspondent
JAMMU, Apr 28: Special Municipal Mobile Magistrate Jammu Ashwani Kumar Sharma has rejected the closure report filed by the SHO Police Station Peer Mitha in a case of assault on woman with intent to outrage her modesty and initiated process against Investigating Officer ASI Kursheed Hussain under Section 217 RPC for disobeying direction of law with intent to save person from punishment or property from forfeiture.
After hearing the counsels for the petitioner Advocates A K Sawhney and Aseem Kumar Sawhney with Neeraj Singh and Ajay Sharma whereas Senior PO Anil Dev Jamwal appearing for Police, Special Municipal Mobile Magistrate observed, “if the allegations made in the application moved under Section 156 (3) CrPC and the statement of the complainant Aradhana Kumari as well as her witnesses on record, are to be taken into consideration then prima facie there is sufficient evidence to proceed against the accused Tapeesh Dutta under Section 354 RPC”.
“So far as the commission of offences under Section 420/406 RPC are concerned there is no sufficient material on record and the proceedings are dropped. The offence under Section 354 RPC appears to be one in which according to the forth column of the second schedule a summon should be issued in the first instance”, the court said.
Accordingly, the accused was summoned before the court for his attendance. However, the Investigating Officer Khursheed Hussain, who being a public servant, has knowingly failed to produce the charge sheet against the accused Tapeesh Dutta under Section 354 RPC is liable for punishment under Section 217 RPC for which the punishment is of either description for a term which may extend to two years or with fine or with both”.
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