Mohinder Verma
JAMMU, Apr 29: In a new twist to the case of slapping of KAS officer by the Minister of State for Home and MLA Kishtwar, Sajjad Ahmad Kitchloo, the Chief Judicial Magistrate (CJM), Kishtwar, Ajay Gupta today referred the complaint of aggrieved officer to the Kishtwar Police for investigation in the matter in detail. The Court has also kept the matter alive by directing the police to furnish the report regarding investigation on or before May 14, 2013.
As the Chief Executive Officer (CEO) of Kishtwar Development Authority, Riyaz Ahmed Choudhary could not get justice from the Kishtwar Police despite submission of written complaint vide No.CEO/KDA/13/857-63 after thrashing and manhandling at the hands of Sajjad Ahmed Kitchloo on April 18, he decided to knock the doors of the court.
On April 25, the CEO moved a formal complaint before the court of Chief Judicial Magistrate seeking registration of case against the Minister of State for Home and today the court recorded the statement of the complainant.
After hearing counsel for the complainant Advocate Zulker Nain Sheikh and recording the statement of Riyaz Ahmed Choudhary, the Chief Judicial Magistrate, Kishtwar, Ajay Gupta referred the complaint to the Station House Officer (SHO) of Police Station Kishtwar under Section 156(3) CrPC to investigate the matter in detail and furnish the report before the court on or before next date—May 14, 2013.
Later, Advocate Zulker Nain Sheikh personally furnished the copy of court order to the Kishtwar Police for necessary action.
According to legal experts, under Section 156(3) of CrPC the Judicial Magistrate has the jurisdiction to intervene, on a formal complaint moved before it, in case police refuses to register FIR on the complaint in a criminal case.
In the complaint moved before the Chief Judicial Magistrate, the Chief Executive Officer of Kishtwar Development Authority has submitted that on April 18 at around 10 am the MoS Home reached Tourist Reception Centre, Kishtwar along with District Development Commissioner, Kishtwar, Additional Deputy Commissioner, Superintendent of Police and other officers of the district administration ahead of the Chief Minister visit to Kishtwar to lay foundation of Kishtwar campus of Jammu University.
“At that point of time, the complainant was busy in making arrangements for the function of Chief Minister along with his officials posted in Kishtwar Development Authority. The moment complainant reached the conference hall of TRC the MoS Home shouted at the complainant and said, ‘Aap Apne Ko Kya Samajte Ho’ and then slapped in full public view twice”, read the complaint, the copy of which is available with EXCELSIOR.
When the MoS Home again tried to slap the complainant resisted and upon this MoS Home started shouting “arrest him” and all the people surrounding him tried to thrash the complainant and the staff of the complainant rescued him, the complaint said.
“Apart from slapping me the accused deterred me from discharging my lawful duties and also resorted to wrongful restraint and further extended threats in full public view”, the complainant said, adding “despite receipt of complaint the SHO, Police Station Kishtwar didn’t register the FIR as the accused is a high profile person being Minister of State for Home otherwise there was no reason for the local police to act in the matter by registering FIR against the accused and other persons who also assaulted me”.
In the complaint moved through Advocate Zulker Nain Sheikh it has been mentioned: “The law is well settled that whenever police receives a complaint disclosing commission of the cognizable offence then FIR has to be registered and investigation is to be taken to its logical end. In this case, there is immense pressure on the local policy agency as the accused apart from MLA of ruling party also happens to be MoS Home as such indulgence of the Court is warranted”.
Advocate Zulker submitted that the accused has committed the offences under Sections 186, 323, 341 and 506 RPC and is required to be dealt under law.
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