Kathua minor rape, murder case; HC stays trial court order on FIR against SIT

Kashmir Times. Dated: 2/20/2020 10:49:59 AM

JAMMU, Feb 19(JNF): Justice Tashi Rabstan of J&K High Court Jammu wing Wednesday stayed trial court order regarding registration of FIR against members of Special Investigation Team (SIT) in Kathua minor rape and murder case.
Trial Court on October 22, 2019 had directed SSP Jammu to register FIR against R K Jalla (ex- SSP Crime Branch, Jammu), Peerzada Naveed, (Additional Superintendent of Police Crime Branch, Jammu), Shwetambari Sharma ( DySP Crime Branch Jammu), Nassir Hussain, (DySP Crime Branch Jammu), Urfan Wani and Kewal Kishore.
Justice Rabstan, after hearing senior advocate P N Raina with advocate J A Hamal for the petitioner, today issued notice and ordered that ‘subject to objections from the other side, operation of impugned order passed by Trial Court, shall remain stayed.’
This significant order has been passed in a petition filed by Ramesh Kumar Jalla and others aggrieved of the order passed by the trial court for registering the FIR against them. Justice Rabstan after hearing both the sides at length observed, “Senior Advocate P N Raina appearing for the petitioners submitted that the trial court order is contrary to the provisions of Code of Criminal Procedure as the trial Judge, without directing enquiry to be conducted into the matter in terms of Section 156(3) CrPC, directed the SSP, Jammu to register the FIR against the petitioners in the relevant provisions of law.”
Court further observed, “Prima facie a case is made out” and issued notice to Union Territory and others and ordered that subject to objections, the impugned order should remain stayed.
Earlier the trial court, after hearing advocates Ankur Sharma and Tarun Sharma for the complainant, had observed, “The applicant had filed a complaint before SHO Pacca Danga Jammu on September 24, 2019 seeking registration of FIR U/s 194 RPC and other relevant provisions of law against all the non-applicants who were members of SIT investigating the case under FIR No. 10 of 2018 dated January 12, 2018 registered under section 363/343/367-D/302/201 and 120-B RPC at Police Station Hira Nagar Kathua.”
The applicants had sought the registration of FIR against the non-applicants on the ground that they were being forced/tortured/coerced by all the non-applicants to depose and create false evidence against accused Vishal Jangotra in the FIR No. 10 of 2018. During the course of investigation in the above mentioned FIR, the applicants were produced by the SIT before the concerned Magistrate to depose under Section 164-A CrPC, wherein, the applicants deposed the atrocities and torture inflicted upon them by the non-applicants to create false evidence against one Vishal Jangotra. They had submitted that Vishal Jangotra, who was falsely implicated in the above mentioned FIR at the behest of non-applicants for the reasons best known to them, already, was acquitted by the trial Court Pathankot and had been exonerated from all the charges levied against him.
“This further concretizes that the applicants were deliberately tortured and compelled to depose false statements against Vishal Jangotra thus depicting the malafide on part of the non-applicants, whereby, false evidence was created in pursuant to the very well hatched conspiracy by the non-applicants. Aggrieved of the inaction on part of SHO Pacca Danga, the applicants approached the SSP Jammu through registered post dated 05-10-2019 for the registration of the FIR against the non-applicants but till date nothing substantial has been done by any of the authorities,” they had further submitted.
“As per the affidavit of Counsel for applicants, no proceedings are pending disposal in Apex Court with regard to case in question. From the gist of the complaint, cognizable offences are made out against the non-applicants herein. Therefore, application of the applicants U/S 156(3) Cr.P.C. is allowed with the direction to SSP Jammu to register FIR against the non-applicants under relevant provisions of law and report compliance by next date of hearing on November 7, 2019,” thet trial court had observed.



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