Excelsior Correspondent
JAMMU, June 3: In the much-publicised case of slapping of KAS officer by the Minister of State for Home, Chief Judicial Magistrate (CJM), Kishtwar, Ajay Kumar Gupta today passed strictures against the SHO Kishtwar Police Station for furnishing the report without following any provision of the law and directed him to register FIR and conduct investigation as per the provisions of the Criminal Procedure Code. The CJM has also asked the DIG Doda-Kishtwar Range and SP Kishtwar to monitor the investigation and see that the law of the land is implemented in letter and spirit.
The instant application was presented before the Court of Chief Judicial Magistrate by the KAS officer, Riyaz Ahmad Choudhary (Chief Executive Officer of the Kishtwar Development Authority) on April 25, 2013 after he failed to get justice from the Kishtwar Police despite submission of written complaint vide No.CEO/KDA/13/857-63 regarding thrashing and manhandling at the hands of MoS Home, Sajjad Ahmed Kichloo, on April 18, 2013.
On April 29, CJM Kishtwar referred the application of KAS officer to the SHO Police Station Kishtwar under Section 156(3) CrPC to investigate the matter in detail and furnish the report before the court within 15 days. However, the SHO submitted the report on the fourth day even without recording the statement of the complainant and registering the FIR. The copy of the SHO’s report was then furnished to counsel for the KAS officer, Advocate Zulker Nain Sheikh, who sought time to go through the report.
After going through the report, Advocate Zulker Nain Sheikh submitted that since the application was referred under Section 156(3) CrPC, it was mandatory for the SHO concerned to register the FIR and then to investigate the matter but the same has not been done by the SHO. He further submitted that even the statement of the complainant has not been recorded by the SHO during the so-called investigation.
While placing reliance upon the Supreme Court judgments, Advocate Zulker Nain Sheikh sought directions to the SHO for registration of FIR and recording the statement of complainant and other witnesses.
In the 5-page order issued after hearing counsel for the applicant and perusal of the police report, CJM today observed, “the SHO in his report has come to the conclusion that no offence as alleged by the complainant in his application has been proved. The conclusion is otherwise not acceptable without recording the statement of the complainant”, adding this court was having power to refer the present application to the SHO Police Station Kishtwar for investigation because the offence alleged against the MoS Home was cognizable.
“Further, in view of the Section 154(I) CrPC it was mandatory upon the SHO to register the FIR as soon as the application was received by him because FIR is the basic foundation in cognizable offence upon which the strong castle of the investigation can be built”, the CJM said, adding “moreover, after registering the FIR and conducting the investigation it was mandatory upon the SHO to furnish the report in view of Section 173 CrPC but it is very painful to consider that none of the provisions have been followed by the SHO. The so-called report and the investigation is unknown to any provisions of law”.
The CJM further observed, “the SHO has tried to construct a castle of investigation in the air without having any foundation. It is not understandable as to why the SHO was in so hury to furnish the so-called report before the court. He was given sufficient time of about 15 days to conduct the investigation and furnish the report but at the same time SHO has furnished the report on the fourth day even without recording the statement of the complainant and registering the FIR”.
Time and again the Supreme Court and High Courts have held that when an application under Section 156(3) CrPC is referred to the police in a cognizable offence, it is mandatory for the police officer to first register FIR and then conduct the investigation, the Chief Judicial Magistrate said.
“As our country is governed by the rule of law and no body is above law the SHO Police Station is directed to register the FIR and then proceed in accordance with the law laid down by the Supreme Court in various judgments and to conduct the investigation as per Criminal Procedure Code”, the order said.
The CJM directed that the copy of the order should be submitted to the DIG Kishtwar-Doda-Ramban Range and SP Kishtwar, who shall monitor and see that the law of the land should be implemented in letter and spirit.
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