HC stays FIR registered for raising pro-freedom slogans

Excelsior Correspondent

JAMMU, Oct 2: High Court has stayed the FIR registered for raising of pro-freedom slogans in Mendhar area of Poonch district few days back.
The stay was granted in a petition filed through Advocates Ahsan Mirza and Altaf Janjua, who submitted that the FIR was politically and aimed at harassing the petitioners, who are in the beginning of their career.
They submitted that as per Section 196 of CrPC no prosecution can be initiated for any offence punishable under Chapter-VI of Ranbir Penal Code except on a complaint made by the District Magistrate to the SHO concerned to register the FIR.
“As per Section 196-B of CrPC it is mandatory on the part of the District Magistrate to hold preliminary investigation by a police officer not below the rank of Inspector before making a formal complaint for the registration of FIR”, they further submitted.
After hearing both counsels for petitioners as well as Seema Shekhar, Senior Additional Advocate General, Justive Sanjay Kumar Gupta stayed the proceedings in FIR No. 153/2018 for commission of offence U/s Section 124-A and 120-B registered at Police Station Mendhar on 1st of September 2018.