BODH RAJ Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) Crlm No. 1106/2021

(2.) The present petition has been filed by the petitioner on the ground that the learned Magistrate has failed to exercise its jurisdiction under the provisions of the Code of Criminal Procedure and as it was obligatory for the learned Magistrate to order registration of the FIR, once the allegations with regard to the cognizable offences were made in the application.

(3.) The brief facts those are necessary for disposal of the present petition are that the petitioner was allegedly assaulted on 14.06.2021 at 7.00 PM by the respondent No. 2 and it is further stated in the petition that on 15.06.2021 the petitioner reported the matter to SHO, Police Station, Akhnoor, respondent No. 1 herein, with the written application for registration of the FIR against the respondent No. 2 and as the SHO failed to take any action, the petitioner sent an application to the Senior Superintendent of Police(SSP), Jammu through registered post and when the SSP, Jammu did not take any action, the petitioner was compelled to file an application under section 156 (3) Cr.P.C. before the Judicial Magistrate 1st Class, Akhnoor. The learned Magistrate, Akhnoor called the report from SHO concerned with regard to the steps taken in the matter and the matter was notified for 26.06.2021.