Court refuses to accept closure report against Ex-SHO, directs IG to investigate matter

01/08/2019

JAMMU, JULY 31: In a much publicized in which Court directed registration of FIR against the then SHO Gurmeet Singh, police file closure report.
City Judge Jammu Prem Sagar today rejected the closure report with the direction to Inspector General of Police, Jammu Zone for assigning the said investigation to be conducted further by some Senior Officer afresh within time period of two months from today.
City Judge Jammu Prem Sagar observed that Final report (Ikhtami) was presented in this Court and is pending disposal since 28th of November 2018. Complainant was summoned. Today when the case was called up, Sr.PO present in the Court stated that the complainant namely Anil Kumar is dead and prayed that the final report be consigned to records as nothing has come out after investigation.
Court after hearing Senior PO observed that it is transpired that FIR stated to be registered on the application U/S 156 (3) Cr.P.C. moved by complainant seeking direction against the then SHO Gurmeet Singh, P/S Gandhi Nagar, Jammu. Despite many correspondence on the file, and framing Robkar against the then SSP, FIR was registered against the said SHO by the police. Even SSP South was made enquiry officer and has given the detail report which is not in conformity with Law. The enquiry report of SSP was believed by the Senior Officers and matter was closed in a hush hush manner. The I/O even not recorded the statement of any of the independent witnesses for ascertaining the truth/substance in the complaint of the complainant (now deceased).
Court further observed that court cannot be a mute spectator particularly in the circumstances one in hand where the final report has been presented by the police in the court by not taking in to consideration, the legal aspect as well as other relevant material which can lead to the logical conclusion in the investigation. Therefore, the final report is not accepted and sent back to Inspector General of Police, Jammu Zone for assigning the said investigation to be conducted further by some Senior Officer afresh within time period of two months from today. Copy of the order be forwarded to IGP, Jammu Zone through prosecution for compliance. Let file shall come up for further hearing on 09-10-2019. JNF

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