Court directs register FIR against SHO Bakshi Nagar

2nd Additional Munsiff Jammu directed SSP Jammu to register FIR against Karan Chalotra SHO Police Station Baskhi Nagar Jammu.

          This signficiant direction has been passed by 2nd Additional Munsiff Jammu Jeevan Kumar Sharma in a complaint filed by Rakesh Gupta under section   156 (3) of Code of Criminal Procedure seeking appropriate directions to the Senior Superintendent of Police, Jammu to register an FIR against the above mentioned accused person under the relevant provisions of law.

          The applicant has stated in the application that on 24.11.2019 the complainant’s son, namely, Shubam Gupta was returning back to his home from marriage function at about 9:00 PM and at Naka Point Resham Ghar, Jammu the SHO P/S Bakshi Nagar, Jammu (accused herein) stopped the vehicle of the complainant’s son and dragged/forced him from the motorcycle due to which the complainant’s son fell down from the motorcycle and sustained some injury on his right leg. It is further stated that the complainant’s son asked why he is treating  him like this, the SHO P/S Bakshi Nagar Jammu accused started shouting upon the complainant’s son and thereafter with the use of plastic stick started beating the complainant’s son mercilessly without any fault on his part and in said incident the right leg of the son of the complainant got fracture and some injuries also sustained by him on fingers and back side. thereafter the accused SHO P/S Bakshi Nagar Jammu without providing medical aid to the son of the complainant forcibly took him at Police Station Bakshi Nagar Jammu and locked him in lock-up room for whole night. The wife of the complainant reached at Police Station but the accused did not listen anything from her as he was not allowed to enter in the Police Station and she spent whole night outside the gate of P/S Bakshi Nagar , Jammu. On 25-11-2019, the medical treatment was provided to the complainant’s son only after the intervention of the Hon’ble CJM Jammu. Copy of the medical report is enclosed herewith. thereafter the complainant approached before SSP Jammu for redressal of his grievances and with a request to take action against the accused by registering the FIR in thematter but despite the receipt of the written complaint dated 03-12-2019 till date the SSP concerned has not taken any action against the accused person. Despite the receipt of the complainant made by the complainant and also even after the expiry of stipulated time, the police authorities have not taken any action against the accused person who is trying to manipulate things and impersonate. The accused is highly influential police officer and this is the reason that the SSP, Jammu has not taken any action against the accused person and hence the present complaint. The application has been supported with an affidavit. 

          2nd Additional Munsiff Jeevan Kumar Sharma after hearing Adv Virender Dev singh for the applicant observed that a  photocopy of a order passed by the CJM Court Jammu has been placed on record which an perusal reveals that the Shubam Gupta was produced before Ld. CJM Jammu on 25-11-2019 in an injured condition and it has been observed that the Shubam Gupta (Shivam) has not been provided the medical treatment till then and CJM directed IO in the case to admit him in the hospital and the DIG Jammu Kathua Range has been directed to take a necessary action under rule. The son of the applicant namely Shubam Gupta has also caused appearance in the Court in an injured condition and he has also prayed to take action under rules against the accused.The contents of the application and the record available on the file prima facie is sufficient to presume that a cognizable offence has been committed by the non applicant. the non applicant is a Police Officer and is posted as an SHO where the investigation in the case is to be conducted and as such the purpose would be served if some senior police officer is directed to investigate the matter under Law.

          Court directed senior Superintendent of Poiice Jammu to get register an FIR and investigate the matter from a police  officer not less than a rank of Deputy Superintendent of Police and shall a compliance report in this court within two weeks from the date of a copy of the order is served upon him.JNF