STATE OF J AND K Vs. SURAJ PARKASH

JUDGEMENT

(1.) STATE of Jammu and Kashmir invokes criminal Revisional jurisdiction of this Court for setting aside 2nd Additional Sessions Judge's order dated September, 18,2003, refusing to take cognizance of the Police Report under Section 173 of the Code of Criminal procedure filed by Police Station, Crime Branch, Jammu, on the basis of the investigation carried out in F.I.R. No. 10/2000 registered by it Under Sections 419/420/467/468/471 and 120B RPC, holding the registration of F.I.R., and investigation incompetent and beyond the power delegated to the Crime Branch Police Station under SRO 133, relying on a Division Bench Judgment of this Court in Criminal Revision Nos. 78/1998 and 10/1999.

(2.) SH . Abdul Hamid Qazi, learned Additional Advocate General, while projecting non -applicability of the Division Bench judgment to the case, added that cognizance could not be refused on the ground of any alleged irregularity or for that matter even incompetence of the investigation. Sh. Qazi refers to Union of India v. Prakash P. Hinduja : 2003CriLJ3117 .

(3.) LEARNED Counsel for the parties were, however, not at variance as to the existence of SRO 202 of 1999 at the time when F.I.R. No. 10/2000 came to be registered by Police Station Crime Branch, Jammu. This SRO reads, thus: