TASLEEMA BEGUM Vs. UT OF J&K

JUDGEMENT

(1.) The petitioner has challenged part of investigation conducted by 2nd Investigating Officer in FIR No.76/2022 for offences under Ss. 498 A, 307, 354 and 34 IPC registered with Women's Police Station Kupwara. Challenge has also been thrown to the status report dtd. 2/10/2022 filed by the Investigating Officer before the Judicial Magistrate 1st Class Kralpora, wherein it has been reported by the Investigating Officer that offences have not been established against some of the accused.

(2.) It is contended by learned counsel for the petitioner that initially the investigation of the case was conducted by Sh. Abdul Sattar but later on it was entrusted to a probationary Police Officer of the rank of Dy.SP. It is alleged that the said Investigating Officer did not conduct the investigation in fair and transparent manner and when the petitioner came to know about it, she approached the Court of Judicial Magistrate 1st Class Kralpora and filed application under Sec. 156(3) of Cr.P.C requesting the learned Magistrate to monitor the investigation of the case. It has been further submitted that on the said application the learned Magistrate called status report of the investigation from the Investigating Officer, a perusal whereof revealed that some of the accused persons have been let off and it has been reported that no evidence was found against them.

(3.) According to the learned counsel for the petitioner, the investigation conducted by the 2nd Investigating Officer is absolutely biased and un-professional in nature, inasmuch as, the said Investigating Officer neither has experience nor knowledge relating to investigation. It has been further contended by learned counsel for the petitioner that the complainant desires that her statement under Sec. 164 Cr.P.C be re-recorded because when she made her statement before the learned Magistrate she was not able to depose the entire events.