In a writ petition filed by an individual under the RTI Act, the high court affirmed an earlier order directing registration of an FIR and expeditious investigation, noting no finding on fairness could be returned as investigation remained pending.
Reiterates order to register FIR and conduct investigation expeditiously.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU
(THROUGH VIRTUAL MODE)
OWP No. 648/2019 [WP(C ) 1489/2019] CM Nos.3112/2019[1/2019],4122/2019
Reserved on 06.11.2020 Pronounced on 12 .11.2020
Champa Devi
.....petitioner(s)
Through :- Mr. P.N.Raina Sr. Advocate with Mr. Basit Manzoor Keng Advocate in V/s
State and another
.....Respondent(s) Through : Mr. Aseem Sawhney AAG Mr. Sunil Sethi Sr. Advocate with Mr. Navyug Sethi Advocate
Coram: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE ORDER
Vide separate order passed today in CRMC 180/2019, SHO Police Station, Katra has been directed to register FIR and undertake the investigation
of the case expeditiously. Since the investigation is yet to begun, as such, no finding can be returned on the question whether the apprehension of the petitioner herein that the case will not be investigated fairly, is well founded or not. However, if, during the course of the investigation, the petitioner feels that the investigation of the case is not being conducted fairly and impartially, she is at liberty to approach this Court by way of appropriate proceedings.
With the aforesaid observations, this petition also stands disposed of.
(Sanjay Dhar) Judge
Jammu 12. 11.2019 Sanjeev
Whether order is speaking: Yes Whether order is reportable:Yes/No
SANJEEV KUMAR UPPAL 2020.11.12 16:25 I attest to the accuracy and integrity of this document
1 issue framed by the court
Whether investigation deserves to be conducted fairly and impartially?
Champa Devi
State
Sanjay Dhar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
