High Court disposed of an admission petition regarding non-registration of FIR and lack of fair investigation. The court directed the Chief Judicial Magistrate to decide the pending application without delay.
Directed the Chief Judicial Magistrate, Jammu to dispose of the petitioner's application without delay.
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TARUN KUMAR GUPTA 2020.11.03 02:05 Sr. No. 111 Admission
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU (THROUGH VIRTUAL MODE)
CRM(M) No. 359/2020 CrlM No. 1325/2020 CrlM No. 1326/2020 CrlM No. 1331/2020
Shama Devi
.....Petitioner(s)
Through :- Petitioner present in person.
V/s
UT of J&K and ors.
.....Respondent(s)
Through :-
Coram: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE
ORDER
Through the medium of the instant petition, the petitioner has sought directions against SHO Police Station, Gandhi Nagar, Jammu for lodging F.I.R against the accused persons for commission of offences under Sections 506, 384, 201, 341, 323 & 120-B IPC and relevant provisions of Arms Act.
The petitioner has referred to some incident which is alleged to have taken place on 28.08.2020 regarding which she has already approached the Court of learned Excise Magistrate, Jammu with a prayer for registration of F.I.R under Section 156(3) Cr.PC. It is further revealed from the petition that an order dated 02.09.2020 stands issued by the learned Magistrate, whereby the SHO was directed to look into the matter urgently and proceed under law as per the guidelines of the Supreme Court of India. It is contended by the petitioner that despite these directions, F.I.R has not been registered by the concerned
CRM(M) No. 359/2020
2
Police Station. It is further averred in the petition that on 23.09.2020, petitioner again approached the Court of learned Chief Judicial Magistrate, Jammu seeking fair and proper investigation of the case but till date, no report has been filed by the SHO Police Station, Gandhi Nagar, Jammu before the learned Magistrate.
From a perusal of the petition, it appears that petitioner is seeking registration of an F.I.R against the suspects with regard to the alleged incident dated 28.08.2020. Her other concern is that the investigation of the case should be conducted in a fair and impartial manner. The petitioner has already approached the Court of learned Chief Judicial Magistrate, Jammu in this regard.
In the above circumstance, the petition is disposed of with a direction to the Chief Judicial Magistrate, Jammu to dispose of the application of the petitioner in accordance with law without any further delay
The petition stands disposed of.
Copy of this order be sent to learned Chief Judicial Magistrate,
Jammu for compliance.
(SANJAY DHAR) JUDGE
Jammu 02.11.2020 Tarun
SHAMA DEVI
UT OF J&K AND ORS.
SANJAY DHAR
As recorded by the court registry
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