Jammu & Kashmir High Court
Rattan Lal And Others vs State Of J&K; And Others on 21 July, 2018
HIGH COURT OF JAMMU AND KASHMIR
AT JAMMU
CRMC No. 436/2018
Date of order: 19.07.2018
Rattan Lal and others vs. State of J&K and another
Coram:
Hon'ble Mr. Justice Janak Raj Kotwal, Judge
Appearance:
For Petitioner(s)/appellant(s): Mr. Raghubir Singh, Adv.
For Respondent(s):
In this petition under section 561-Cr.P.C. petitioners seek quashing of order dated 02.05.2018 passed by the learned Chief Judicial Magistrate (CJM), Udhampur under section 156(3) Cr.P.C. whereby a direction has been issued to the SHO Police Station, Panchari to register FIR in regard to the death of one Sher Singh resident of village, Dandota, Tehsil, Panchari, who had gone missing from his house on 24.10.2014 and later his dead body was found.
Learned counsel for the petitioners passes on copy of final order dated 17.11.2017 passed by this Court in 561-A Cr.P.C. No. 552/2016.
Heard.
The order passed by this Court in 561-A Cr.P.C. No. 552/2016 (supra) would show that a complaint filed by the wife of the deceased was forwarded by the learned CJM, Udhampur to SHO Police Station, Panchari for investigation in terms of section 156(3) Cr.P.C. on 13.12.2014. On 18.08.2015 complainant filed a protest petition before the learned CJM complaining that no action was taken by the police in her complaint. The CJM obtained report from SHO Police Station, Panchari and disposed of the protest petition on 27.01.2016 observing that as per the report, persons, namely, Rattan Lal, Tara Chand, Romesh Singh and Parshotam Singh, herein petitioners have been found innocent by the police as no offence has been proved against them.
CRMC No. 436/2018 Page 1 of 2The order dated 27.01.2016 passed by the learned CJM could not find favour of this Court and this Court on 17.11.2017 disposed of petition under section 561-A No. 552/2016 (supra) set aside the order dated 27.01.2016 and directed the CJM to pass fresh and appropriate order after hearing the complainant and examining the record of the inquest proceedings conducted by the police.
Pursuant to and in compliance with the order dated 17.11.2017 passed by this Court, the CJM, Udhampur, after examining the record of the case and hearing the Prosecuting Officer and counsel for the complainant has passed a detailed order dated 02.05.2018. Learned CJM has observed that the inquest report does not demonstrate a fair investigation and a substantive conclusion thereto. The learned CJM has, therefore, issued direction to the SHO to register the FIR as directed earlier vide order dated 13.12.2014, get the applicant's witnesses examined before the court in terms of section 164-A Cr.P.C.
I have accorded consideration to the submissions made by the learned counsel for the petitioners. Sum and substance of the submissions is that petitioners are innocent, they had been rightly exonerated by the police.
The investigation relates to unnatural death of a person, cause of death and persons responsible for death, if any. The FIR cannot be said to have been registered against the petitioners, though ultimately the petitioners or someone else may turn out to be the persons responsible for the death. No question of quashing the FIR therefore, arises at this stage. Cause of death needs to be investigated.
Viewed thus, this petition has no merit and is dismissed in limine.
(Janak Raj Kotwal) Judge Jammu:
19.07.2018 Rakesh CRMC No. 436/2018 Page 2 of 2