LAWS(J&K)-2020-11-5

SHAMA DEVI Vs. UT OF J&K

Decided On November 02, 2020
SHAMA DEVI Appellant
V/S
Ut Of JAndK Respondents

JUDGEMENT

(1.) Through the medium of the instant petition, the petitioner has sought directions against SHO Police Station, Gandhi Nagar, Jammu for lodging F.I.R against the accused persons for commission of offences under Sections 506, 384, 201, 341, 323 and 120-B IPC and relevant provisions of Arms Act.

(2.) The petitioner has referred to some incident which is alleged to have taken place on 28.08.2020 regarding which she has already approached the Court of learned Excise Magistrate, Jammu with a prayer for registration of F.I.R under Section 156(3) Cr.PC. It is further revealed from the petition that an order dated 02.09.2020 stands issued by the learned Magistrate, whereby the SHO was directed to look into the matter urgently and proceed under law as per the guidelines of the Supreme Court of India. It is contended by the petitioner that despite these directions, F.I.R has not been registered by the concerned Police Station. It is further averred in the petition that on 23.09.2020, petitioner again approached the Court of learned Chief Judicial Magistrate, Jammu seeking fair and proper investigation of the case but till date, no report has been filed by the SHO Police Station, Gandhi Nagar, Jammu before the learned Magistrate.

(3.) From a perusal of the petition, it appears that petitioner is seeking registration of an F.I.R against the suspects with regard to the alleged incident dated 28.08.2020. Her other concern is that the investigation of the case should be conducted in a fair and impartial manner. The petitioner has already approached the Court of learned Chief Judicial Magistrate, Jammu in this regard.