The High Court of Jammu and Kashmir disposed of a writ petition seeking direction to submit closure reports for two FIRs. Investigation in others was cited as completed with challans filed or no proof of offences.
Directed the concerned Investigating Officer to submit closure reports in FIRs 147/2012 and 24/2013, if not already submitted.
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S. No.218
HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR
(Through Video Conference)
OWP No. 1343/2015
Mohammad Rafiq Baktoo and anr.
...Petitioner/Applicant(s)
Through :- Mr. Z. A. Qureshi, Sr. Advocate with Ms. Rehana, Advocate V/s
State of J&K and others
.....Respondent (s)
Through :- Ms. Saba Gulzar, Advocate
Coram: HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE
(through Video Conference from residence in Jammu)
ORDER 02.11.2020
The present writ petition has been filed by the petitioners for directing the respondent Nos. 2 to 4 to investigate the FIR No. 116/2012 of Police Station, Ram Munshi Bagh for commission of offences under sections 341, 354,451 and 506 RPC, FIR No. 147/2012 of Police Station, Ram Munshi Bagh for commission of offence under section 364 RPC, FIR No. 151/2012 of Police Station Ram Munshi Bagh for commission of offences under sections 147, 448, 354, 323 & 427 RPC and FIR No. 24/2013 of Police Station Ram Munshi Bagh for commission of offences under sections 148, 448 and 506 RPC.
Reply stands filed by the respondents, in which it is stated that the investigation in FIR No. 116/2012, registered with Police Station Ram Munshi Bagh for commission of offences under sections 341, 354,451 and 506 RPC and FIR No. 151/2012 of Police Station, Ram Munshi Bagh for commission of offences under sections 147, 448, 354, 323 & 427 RPC has been completed and the challans have been presented before the competent courts of law. It is further
OWP No. 1343/2015
2
submitted that investigation in other two FIRs i.e. FIR No. 147/2012 registered with Police Station, Ram Munshi Bagh for commission of offence under section 364 RPC and FIR No. 24/2013 registered with Police Station Ram Munshi Bagh for commission of offences under sections 148, 448 and 506 RPC stand also completed and the offences have not been proved against the accused persons.
The petitioners have filed the response to the objections/status report filed by the respondents, in which it has been stated that closure reports have not been filed in FIR No. 147/2012 and FIR No. 24/2013 in the competent courts.
In view of the above, this petition is disposed of with a direction to the concerned Investigating Officer to submit the closure reports in FIR No. 147/2012 and FIR No. 24/2013, if not already submitted. The petitioners shall be at liberty to approach the learned Chief Judicial Magistrate concerned for redressal of his grievance.
Disposed of.
JUDGE
JAMMU
02.11.2020 Rakesh
Whether the order is speaking: Yes/No Whether the order is reportable: Yes/No
RAKESH KUMAR 2020.11.03 11:56 I attest to the accuracy and integrity of this document
2 issues framed by the court
Whether the police have filed closure reports for FIRs where investigation was stated as completed but offences not proved.
Whether a direction can be issued to investigating officers to submit closure reports.
Mohammad Rafiq Baktoo
State of J&K
Rajnish Oswal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
