HC quashes CJM's order regarding registration of FIR in rape case against IPS & Ors

04/11/2018

JAMMU, NOV 3: In a petition filed by IPS Officer presently posted as SDPO Domana seeking quashing of the order passed by CJM Jammu whereby CJM Jammu directed SSP Jammu to register FIR in rape case against SDPO Domana, Tehsildar North Jammu & Other, Justice Sanjeev Kumar Gupta, quashed the order of CJM Jammu and remand back the matter to the court below with a direction to decide the application filed under Section 156 (3) of Cr.P.C afresh in the light of the judgment passed by the Supreme Court in the case of Priyanka Srivastava. High Court further directed that the said exercise be done expeditiously.
Justice Sanjay Kumar Gupta while allowing the petition filed by IPS officer, after hearing Sr. Adv Sunil Sethi with Adv Vishal Sharma appearing for the petitioner whereas Sr. Adv KS Johal with Adv Karman Singh Johal appearing for the complainant and Sr. AAG CM Koul appearing for the state observed that If the order passed by the Trial Magistrate is considered in the light of the judgment passed by the Supreme Court in the case of Priyanka Srivastava (supra), then it is clear that while passing the order under Section 156 (3) of Cr.P.C the Judicial Magistrate First Class did not apply its mind to the allegations made in the complaint. He has passed order in casual manner; he was required to go through the allegations levelled in the complaint and law governing on the subject. If such orders are being passed against public servants, as in the present case, in casual manner, then definitely the order of court would not be implemented by executive agency due to apprehension of public servant of their involvement in such like cases. Petitioner being public servant has taken steps to discharge his duty along with other authorities on the direction of this court to recover possession of State land. It is very easy to level the allegations of rape, so Magistrate is required to conduct the inquiry before passing any order under law. The argument of counsel for respondent (complainant) that statement of victim in rape case has to be considered on better footing than that of injured witness. There is no dispute in this regard, but in present case, the statement of the complainant/victim is yet to be recorded. There is only written complaint which has been cleverly drafted only to create illusion of criminal act. The petitioner herein is of young age and is at initial stage of his career as IPS Officer. The order of Magistrate directing registration of FIR without proper inquiry may ruin his future. JNF

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