FAREED AHMAD PARRA Vs. STATE OF J&K

JUDGEMENT

(1.) The petitioner has filed the present petition for directing the respondents No.1-3 to register FIR against the respondent No.4 for the series of offences which the respondent No.4 has committed with the petitioner while he was in his custody in Police Station, Kunzer.

(2.) It is stated that the petitioner was arrested in FIR No.08/2016 and during his arrest, the petitioner was mercilessly tortured by the respondent No.4 resulting in bleeding from the nose and ears. Feeling apprehensive of the life of the petitioner, the respondent No.4 released him on bail on 22/1/2016.

(3.) The respondents have filed the response thereby raising a preliminary objection with regard to maintainability of the writ petition and simultaneously it is pleaded that on 21/1/2016, Police Station, Kunzer received a complaint from one Mohammad Sidiq Para S/o Ab. Khaliq Para R/o Larkipora Tangmarg to the effect that the petitioner without any justification had beaten the complainant and thrashed him. On the basis of the complaint, FIR No.08/2016 under Sec. 341, 506 RPC was registered by P/S, Kunzer and during the course of investigation, the petitioner was arrested and after one and a half hour, the petitioner was released on bail after executing a bail bond for an amount of Rs.10,000.00. The allegations of physical torture to the petitioner at the hands of respondent No.4 have been denied in the response filed by the respondents. It is further stated that in terms of order dtd. 25/3/2016 passed by this Court, an enquiry was conducted in respect of the allegations levelled by the petitioner and the same were found unjustified. During the course of enquiry, the petitioner was directed to appear before the respondent No.3 for recording his statement to ascertain the facts, if any, but he did not turn up which is indicative of the fact that the petitioner intends only to malign the image of the police personnel.