AB. GANI BHAT Vs. ABDUL RASHID SAHAF

JUDGEMENT

(1.) The petitioner has challenged order dtd. 31/8/2012 passed by learned Additional District Judge, Srinagar, whereby the learned Judge has rejected the plea of the petitioner for conducting further enquiry in a matter relating to an incident alleged to have taken place on 9/4/2010 in the Court of 1st Additional District Judge, Srinagar.

(2.) It appears that the petitioner was pursuing a case in the Court of 1st Additional District Judge, Srinagar, and on 9/4/2009, as per the version of the petitioner, on the directions of the learned Presiding Officer, the petitioner was sent to judicial lock-up by a policeman on duty over there. According to the petitioner, he was kept in judicial lockup for one and a half hour, whereafter, on 10/4/2010, he is stated to have moved an application before the learned Presiding Officer, who marked the same to Additional Public Prosecutor with a direction to enquire into the matter and to submit the report.

(3.) It appears that Additional Public Prosecutor has made a report dtd. 18/3/2011 and the case pertaining to the issue was transferred to Additional District Judge, Srinagar. It is in these circumstances that the learned Additional District Judge, Srinagar, has passed the impugned order, whereby he has, after going through the enquiry report submitted by Additional Public Prosecutor, concluded that the matter does not warrant any fresh enquiry. It is pertinent to mention here that the Additional Public Prosecutor had, in his report dtd. 18/3/2011 submitted that the complaint filed by the petitioner is not based upon facts.