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State of Jammu-Kashmir - Section

Section 102 in Jammu and Kashmir Forest (Protection) Force Rules, 2012

102. Investigation of charges.

(1)On receipt of information or registration of the offence by the police otherwise that member of the Force has committed an offence under the Act or the rules made thereunder or in the course of performance of his duty as such member or against a person subject to the act, the Deputy Director of a unit shall constitute a Commission of Inquiry referred to in rule 163 or Commission any other member of the Force for conducting the investigation:Provided that where the offence has been reported to the local police or otherwise registered by them, the police shall hand over to the Deputy Director such cases for investigation by Commission of Inquiry.
(2)On receipt of the report, the Deputy Director may dismiss a charge brought against member of the Force. If, in his opinion, the evidence does not show that an offence under the Act has been committed, and may do so if, in his discretion, he is satisfied that the charge ought not to be proceeded with.
(3)Where such an officer is of the opinion that the charge ought to be taken cognizance of, he shall, without necessary delay, decide whether the case be dealt
(i)under the provisions of section 7 of the Act; or
(ii)by Judicial Magistrate referred to in section 16 (1) of the Act; and take further action accordingly.