SSP Jammu directed to appear in court on May 3

Court issues contempt notice to SSP Jammu, stops salary of SHO Domana for disobeying court order

25/04/2018



JAMMU, Apr 24: Mr. Yahaya Firdous Spl. Railway Magistrate Sub-Judge, Jammu taking strong note of not complying with court direction by SSP Jammu and SHO Domana in a complaint filed by the lawyers namely Sourabh Banotra and Amit Singh through A.K. Sawhney Advocate, Mr. Umesh Sharma Advocate, Neeraj Singh Advocate, Anil Sharma Advocate, and others has issued contempt notice to SSP Jammu and stopped salary of SHO Domana.
The complaint was filed against Rajesh Kumar S.I. Police Post Chinore u/s 323,341,504/506 R.P.C. on 12-03-2018. The Court passed the order which reads as follows:
1. "In this complaint, complainants Sourabh Banotra and Amit Singh Chib are present. Complaint has been assigned to his court by Ld. CJM Jammu vide order dated on 09-03-2018. The statements of both the complainants have been recorded and made part of the complaint. Complainants are practicing Advocate of District Court Jammu, they levelled serious allegations against S.I. P/P Chinore which is not expected from a police officer whether on duty or not.
2. The contents of the complaints and the statements of the complainants would prima facie reveal that there is sufficient evidence for proceeding against accused for commission of crime u/s 323/341/504/506 RPC, therefore issue summon to accused Rajesh Kumar, SI PP Chinore through SSP Jammu. A copy of the complaint alongwith summon shall be made available to SSP Jammu with the direction to ensure that summon is executed under his personal supervision, falling which SSP direct concerned SHO to remain present before this court.
3. Put up on 27-03-2018". The said order was not complied by SSP Jammu. Mr. Sawhney said it is deliberate disobedience and amounts contempt of court. Order Dt. 27-3-2018, reads……
1. "In this complaint, complainants are present, this court after taking cognizance issued summon against Rajesh Kumar, SI PP Chinore and direct SSP Jammu to ensure that summon is executed under his personal supervision, faling which SSP was directed to direct the concerned SHO to remain present before this court.
2. Today, Mr. Ashish Rathore, Ld CPO has submitted that summon has been duly dispatched and handed over to SSP office for execution, same has not been returned back either or unexecuted. This court could not understand as to why the summon has nor been returned back executed or unexecuted. SHO concerned is also not present despite the direction of this court, therefore, issue notice to SSP Jammu to explain his position regarding the non-compliance of order dated 12-03-2018. Issue fresh summon against Rajesh Kumar, SI PP Chinore with the direction to SSP Jammu to ensure that summon is executed under his personal supervision, failing which SSP shall direct concerned SHO to remain present before this court. A copy of this order alongwith summon and notice shall be made available to SSP Jammu for compliance through CPO District Court Jammu. CPO shall obtain a receipt of delivery of the order and the summon form SSP office.
3. Put up on 09-04-2018."
Ultimately till 24-04-2018. The order of the Ld. court was not complied with, Mr. A.K. Sawhney Advocate urged before the Court that nobody is above law thus the continuous non-compliance amounts deliberate attempt to disobey of court order. After hearing Mr. Sawhney Advocate, the court issued notice to SSP Jammu to show cause why contempt proceeding be not initiated against him. Court issues fresh summon for service of S.I. Police Post Chinore Mr. Rajesh. Next Dt. is fixed on 3-05-2018, meanwhile salary of S.H.O. was stopped.

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