Report to be submitted to CJM Jammu
JAMMU, June 14: Principal Sessions Judge, Jammu Jang Bahadur Singh Jamwal today partially modified the order of Special Municipal Mobile Magistrate, Jammu V K Bhou on complaint against four police officers to the extent that the case against them would be registered at Pacca Danga police station but the SSP Jammu will hand over investigations of the case to other of the police station or investigate the case himself within the ambit of Section 551 of CrPC.
The Judge passed the order on revision petition filed by four police officers-SHO Pacca Danga Inspector Bharat Sharma, Sub Inspector Sumeet Sharma and Sushil Chowdhary and Vigilance Inspector Dalip Singh against the order of Mr Bhou, who had on June 9 directed the DIG Jammu-Kathua range to register the FIR against four officers and order an inquiry against them.
He had stayed the order passed by the Special Municipal Mobile Magistrate on registration of inquiry and FIR on June 11.
“The investigations now shall be supervised by the Chief Judicial Magistrate (CJM) and police shall submit intermittent status report to him till the inquiry was finally culminated”, the Principal Sessions Judge said, adding that record of the trial court now shall be sent to the CJM.
Hr ordered that police concerned will now submit all reports to the CJM.
“A copy of the order shall be sent to the SSP Jammu with a direction to comply the order, register the case and hand over the investigation to other SHO. The SSP Jammu will submit the compliance report to the court of CJM Jammu”, the court ordered.
The Judge said the overall appraisal of the order drawn by the Magistrate was well founded.
‘‘He (the Magistrate) shouldn’t have directed the DIG to get the case registered. The SHO other than the concerned police station should have been directed to register the case and commence the investigation. The Magistrate while passing such an order should not have directed to register the case and commence the investigations.
“The Magistrate shouldn’t have directed the DIG to get the case registered. The outcome of the investigation has yet to taker place but the trial court has given its expression, which could be avoided. The order overall drawn by the trial court is correct and does not require any interference. However, the same is modified to the extent that the case shall be registered in police station Pacca Danga but the SSP Jammu shall hand over the investigation to other SHO of the police station or investigate the case himself within the ambit of Section 551 of CrPC”, the Principal Sessions Judge said.
The Special Municipal Mobile Magistrate had ordered registration of FIR and inquiry on petition filed by Balraj Singh of Channi Himmat and his employees saying that they were beaten up in the custody of Pacca Danga police station by the SHO and two Sub Inspectors at the behest of the Vigilance Inspector.