Advocate’s matrimonial dispute with wife; HC calls for record, directs chargesheet be not presented

Husband moves complaint against cops alleging that despite HC’s order not to harass, Women Cell Police still harassing his family

27/05/2017

JAMMU, May 26: The High Court of J&K Jammu, Bench comprising of Justice Janak Raj Kotwal has directed the Police of Police Station Women Cell not to file the chargesheet by the next date and also directed to produce the record before the Court.
This direction was issued in a petition filed by petitioner- Pawan Ghambir who is an Advocate by profession and his mother Rajni, sister Radhika, brother in law Karan Mahajan against the State and respondent Deepika (wife of Pawan Ghambir). The direction was issued after hearing Mr A K Sawhney and Aseem Sawhney for the petitioners with Advocate Shiv Dev Thakur, Mr S S Nanda Sr AAG for the State / Police and Ms Deepika Singh for the respondent- wife.
The Court adjourned the matter at the request of the counsel for the respondent Deepika and directed its listing on 30.5.2017.
The Court observed - " Mr S S Nanda learned Sr AAG in response to the direction issued on 5.5.2017 states that the investigation in this case is complete and charge sheet is ready for presentation in the Court. Mr Nanda is directed that the chargesheet be not filed by the next date and shall produce the record before this Court."
Worthwhile to mention that previously the Court had also directed that the petitioners shall not be harassed and those directions were continued in other subsequent orders, but as per the allegations of the petitioner - Pawan Ghambir despite these directions of the Court not to harass the petitioner and also not to produced the challan still the SHO Police Statiion Women Cell and other police personnel of the Police Station Women Cell have blatantly violated the Court Orders and have resorted to raids and sending 5-10 cops to harass the petitioners. In this connection the petitioner Mr Ghambir has filed a complaint withe the Director State Vigilance, IGP Jammu, SSP Jammu etc alleging that the SHO Police Station Women Cell for extraneous reasons is violating the Court directions and the law and is harassing the family - petitioners despite clear directions not to harass the petitioners.
The Advocate contesting cases with his wife for matrimonial discord has field a Complaint against Anita Katal SHO women cell Jammu , Subash Chander , Meenu and other police Personnels who committed the offence , under sec 166 R.P.C. 5(2) P.C. act, for disobeying the directions of the High Court and abuse of authority, misuse of powers and under other relevant provisions of law.
In the complaint he has alleged that the wife of the complainant namely Deepika Gambhir got FIR registered against complainant namely Pawan Gambhir , mother of the complainant namely Smt. Rajni, sister of the complainant namely Smt Radhika and brother in law of the complainant namely Karan. He aggrieved thereof filed an application before the City Judge Jammu to monitor the investigation so that fair investigation can be conducted and with the permission of the Court applicant also submitted some documents in the form of CD, photographs, Court orders, petitions and other documents which are relevant during the course of investigation under law and which is still pending before the court.
The complainant has also filed the petition under sec 561-A for quashment of the FIR no. 32/2016 in which the High court has directed that the petitioners in the writ petitioner shall not be harassed by the police concerned and the order passed by the Hon'ble High court is still continued. High Court on 22.5.2017 also passed the order that Charge sheet be not filed by next day and shall produced the record before this Court. Even after the order dated 22.5.2017 passed by the High Court Subash Chander, Meenu and other police personnel on the directions of the S.H.O came to the house of the mother of the complainant,even after passing of the order by High court ,created the scene outside the house of the mother of the complainant in order to harass the complainant and his family members, this incident was captured in the c.c.tv camera ,copies of photograps were enclosed and thereafter they went to the shop of the uncle of Karan Mahajan who was also present there and the police personnel created scene, harassed and interrogated Karan Mahajan in the shop , Karan Mahajan requested the subash chander and other police personals that he has cooperated in the investigation then why he is being harassed but the police personals kept on harassing the brother in law of the complainant in the shop.
He further alleged in the complaint .." On 2-2-2017 around 19:25 hours / 7.25 P.M two police personnel's from the Women Cell namely Manzoor and Vijay came to the house of the mother of the applicant along with the father in law namely Manjeet Arora and mother in law namely Pawan Arora of the complainant and affixed the notice on the door of the house which was in Urdu language, in which it was written that the complainant and his mother is directed to attend the office of the I/C Women Cell Jammu on 2.5.2017 at 11:00 a.m. It is pertinent to mention herein that the notice was affixed on the door on 2.5.2017 at 19:25 hours (7.25 PM) which clearly shows that accused persons are playing mischief with the complainant as well as his mother in nexus with the father in law and mother in law by affixing the notice in such a manner and for the reason which is required to be investigated by appropriate authority ....
That the accused persons being a public servant is disobeying law and misusing powers with intent to cause injury to the complainant and his mother knowingly disobeyed the direction of the law, by affixing the notice on the door of the complainant on 2-2-2017 in the above stated manner and also by submitted the status report in the anticipatory bail application by concealing the actual status of the case , the intention of the accused persons is to cause injury to the complainant and his mother knowingly. ..."
..." That on 23/5/2017 Subash Chander along with three other police personnel again came to the house of the complainant's mother in order to harass them copies of the photographs is enclosed as Annexure D That the act of the police personals was captured in the cctv camera along with date and time which the complainant transferred in his pen drive ,which proves the case beyond any doubt..."

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