SHO Kishtwar directed to register FIR against Kichloo

KT NEWS SERVICE. Dated: 6/3/2013 11:51:06 PM

KISHTWAR, Jun 3(JNF): In much-hyped slapgate row, the Chief Judicial Magistrate (CJM) Kishtwar Ajay Gupta Monday directed SHO Kishtwar to register an FIR against the Minister of State for Home Sajjad Ahmed Kichloo and proceed in accordance with law laid down by the Supreme Court of India.
SHO was also directed to conduct the investigation as per CrPC and disposed of this application.
The court also directed DIG Kishtwar-Doda Ramban Range and SP Kishtwar to monitor and see that the law of the land should be implemented in its letter and spirit.
The directions were given in case of a complaint filed by Riaz Ahmed Choudhary a senior KAS officer, presently posted as CEO, Kishtwar Development Authority after he (Riaz) was allegedly slapped by the MoS Home Sajjad Kichloo on April 18, 2013.
Riaz had moved an application before CJM Kishtwar for issuance of directions to the SHO Police Station, Kishtwar to register an FIR against MoS Home J&K and others under Sections 186, 323, 341 and 506 RPC in slapping case.
Taking serious note of the minister’s act even the Chief Minister had earlier expressed serious concern and directed the MoS Home to amicably sort out the matter.
CJM Kishtwar Ajay Gupta, who had reserved the judgement for today, issued these directions after hearing advocate Z N Sheikh appearing for the complainant and going through status report filed by SHO
Police Station Kishtwar.
Earlier, CJM had referred Riaz’s application to SHO Kishtwar for investigation under section 156(3) CrPC with the direction to submit the report before May 14, 2013.
The police submitted the detailed report narrating therein that no case had been made out against the MoS Home, the copy of which was also supplied to counsel for complainant.
However, today the CJM, while referring to several judgments passed by the Apex Court, observed, “The proper procedure as laid down in CrPC has not been followed by the police and investigation has been carried without registering the FIR, which is mandatory under section 154(1) CrPC which reads: “Every information relating to the commission of a cognizable offence if given orally to an officer-in-charge of a police station shall be reduced to writing by him or under his direction and be read over to the informant and every such information, whether given in writing or reduced to writing as aforesaid shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as {the government} may prescribe in this behalf.’”
Expressing dissatisfaction over the action of SHO Kishtwar in the manner he acted, the CJM further observed, “The procedure as laid down under CrPC, has not been followed by the SHO in instant case and has not submitted the completion report of investigation in view of Section 173 CrPC. Although the SHO has to register the FIR at the time of receipt of information, but even after issuance of directions under section 156(3) CrPC the FIR has not been registered despite of the fact that sufficient time of 15 days were granted to him for submission of report. But SHO submitted the report just on the fourth
day without recording the statement of complainant and registering the FIR. Now the Police of Police Station Kishtwar has finally to register the FIR against MoS Home Sajjad Ahmad Kichloo.



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