Excelsior Correspondent
JAMMU, Nov 3: High Court has quashed Chief Judicial Magistrate (CJM) order regarding registration of FIR against IPS officer and others in alleged rape case.
The CJM Jammu had directed SSP Jammu to register FIR in rape case against the then SDPO Domana, Tehsildar North Jammu and others. This order was challenged by the IPS officer in the High Court on various grounds.
While allowing the petition of IPS officer, Justice Sanjeev Kumar Gupta quashed the order of CJM Jammu and remanded back the matter to the court below with a direction to decide the application filed under Section 156 (3) of CrPC afresh in the light of the judgement passed by the Supreme Court in the case of Priyanka Srivastava. High Court further directed that the exercise be done expeditiously.
After hearing Senior Advocate Sunil Sethi with Advocate Vishal Sharma appearing for the petitioner whereas Senior Advocate KS Johal with Advocate Karman Singh Johal appearing for the complainant and Senior AAG CM Koul appearing for the State, High Court observed, “if the order passed by the Trial Magistrate is considered in the light of the judgment passed by the Supreme Court in the case of Priyanka Srivastava then it is clear that while passing the order under Section 156 (3) of CrPC the Judicial Magistrate First Class did not apply its mind to the allegations made in the complaint”.
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