Court directs to institutionalize the investigation and prosecution system

Perfunctory investigation leads to acquittal in finance scam

Jammu Tawi, January 2

In a case of finance scam in which Principal Sessions Judge Bhaderwah MK Sharma acquitted the accused Tariq Abdullah was Regional Director of finance company as police failed to prove its case with the observations this Court that cannot help observing that this is a clear example of perfunctory investigation. The record seized in this case eloquently reveals that the company involved in this scam was a public limited company and there was registration number mentioned on every document issued  in the name of the company and seized by the police. This case was required to be investigated in terms of section 237 of the Companies Act, 1956 and if warranted prosecution, the same could have been done in terms of section 242 of the Companies Act, 1956. Failure on the part of the senior police officers of the district to monitor the investigation has not only resulted in non- achievement of the purpose of the criminal justice but has allowed the real culprits to go scot free. Innocent people of this hilly district of the state have been extorted of their hard earned money. State through District Police Chief Doda, is directed to institutionalize the investigation and prosecution system so that the criminal justice system delivers to the masses what has been contemplated by the constitution makers.

According to the police case a finance company under the name and style of Sunrise Investment and Finance Ltd. with its head office at Amrit Bhawan, Bye pass road, Narwal Jammu opened its branches in district Doda, where the consumers deposited their hard earned money. On failure of the finance company to honour its cash certificates at the time of maturity, few consumers namely Intikhab Alam, Israr Khan and Mehboob Ahmed lodged a written complaint before the SHO, P/S, Bhaderwah, on the basis of which, crime no.250/99 for the commission of offences punishable under sections 420,467,468,120-B RPC was registered in police station Bhaderwah and investigation commenced.

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