HC directs SSP Jammu for enquiry

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SHO Nagrota submits report, says allegations found untrue
Jammu Tawi, April 14
In a petition filed by Shabir Ahmed and Ors seeking quashment of FIR NO 61/2017 u/s 376/354/342 register with Police Station Nagrota. During the course of hearing Adv Koushal Parihar appearing for the petitioner submitted that on March 3, 2017 a complaint u/s 156(3) CrPC was forwarded by the Magistrate to verify the facts. Acting on the order of Magistrate, SHO Police station Nagrota after enquiry submitted his report to Magistrate stating therein that the allegations leveled in the complaint have been found untrue and that the complainant has filed the complaint in order to save her husband Bhar Din, against whom FIR No 86/2016 u/s 341/342/382/376 and 120-B RPC has already been register on the complaint of one Hafiza Begum. On this report of SHO, Magistrate accepted the report and dismissed the complaint. Adv Koushal further submitted that whereas on 29.03.2017 on one hand report submitted by the SHO was accepted by the Magistrate and complaint was dismissed, on the other hand, the officer incharge of the same Police Station registered FIR No. 61/2017 on the basis of a photocopy of the same complaint said to have been received in the police station by post Justice Janak Raj Kotwal of J&K High Court after hearing Adv Kousal Parihar in length observed that it is not understandable as to how the FIR could have been registered and further said that the matter, therefore requires inquiry and directed SSP Jammu to inquire into the circusmatnces leading to registration of the FIR No. 61/2017 by the incharge officer of the police Station on 29-03-2017, not with standing the inquiry report by the SHO in the same matter and dismissal of the complaint by the Magistrate. Justice JR Kotwal further ordered that Senior Superintendent of police shall inquire into the matter either himself of by a duly authorized officer of the gazette rank. Let the report be submitted to this court by or before the next date and meanwhile FIR NO 61/2017 register with Police Station Nagrota shall remain stayed. JNF

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