SNS KASHMIR
Nadeem Nadu/ Ms Nazki
Reasi, May 7 :
A court here has put in “abeyance” an order by Additional Mobile Magistrate Reasi by virtue of which it had ordered lodging of FIR against at least seven policemen following a complaint against them by a local.
“Heard counsel for the revisionists and perused the impugned order as well as the accompanied material meticulously. The grounds projected in the revision petition requires re-look of the impugned order by this court in terms of section 397 of Cr.pc,” Principal Sessions Judge, Reasi R N Wattal said in the order on revision filed by the policemen. “Call for the record of the court below, issue notice to the respondent. In the meantime the impugned order is kept in abeyance till next date of hearing,” the court said and put up the case on May 21.
On May 5, Additional Mobile Magistrate Reasi had ordered lodging of FIR against seven policemen following
the complainant by one Prem Singh that the accused cops along with others surrounded his kacha house and tin shed from all the corners on 19 September last year. The accused allegedly put fire to pile of wood on the roof of the house as well as door, Singh had said. On seeing threat to his life, Singh said that he moved with his family to his shed and closed the iron door. The accused, he said, asked him and his family to come out from house and threatened them of serious consequences in case they fail to so. On hearing noise and smoke, Singh said the people of the locality came there and subsequently the accused fled away from the spot.
Singh said that he approached SHO and other police officers to register the FIR against the accused persons but to no avail.
Consequently, he filed complaint with the court under section 156(3) Cr.P.C. for seeking direction to the SHO concerned for registering of FIR against the accused persons.
“Perused the contents of the application. The applicant has alleged that the accused persons have committed offences under section 436,426,427 & 506 IPC. Since all the accused persons are police officials no action against have been taken by the police or higher officials despite his complaint. As such he wanted this court to direct the SHO concerned to take action against them by lodging an FIR for the commission of above mentioned offences,” the court—Additional Mobile Magistrate Reasi—observed in the order, a copy of which lies with GNS, adding, “Applying my mind in the facts of the instant application, it is clear that applicant has come to the court after exhausting the remedies of approaching concerned police station and SSP for the lodging of FIR but without any reason same was not done.”
Further, the court said all the mandatory requirements laid down by the Supreme Court have been complied with.
“As such the SHO Chassana is hereby directed to register a FIR against the non-applicants/accused persons and investigate into the matter.” (GNS)