STATE OF J&K Vs. ABDUL REHMAN MIR

JUDGEMENT

(1.) Aggrieved by the orders dated 18.07.2016 and 28.07.2016, passed by learned Chief Judicial Magistrate, Srinagar, instant petition seeking quashment of the same has been filed.

(2.) Respondent has filed an application before the Court of Chief Judicial Magistrate, Srinagar, alleging therein that on 10th July, 2016, at about 6.45 PM Police Party head by Dy. SP Yasir Qadiri while entering into their house started smashing window panes and doors of the house. Wife of the respondent tried to stop the said action, as a result whereof police official got infuriated and physically assaulted her. Shabir Ahmad Mir (deceased), son of the respondent, tried to rescue his mother but the police official in the fit of rage started beating him fired two shots into the body of the deceased on point blank range who died on spot. Alleging that the police official has committed a cold blooded murder of his son, had requested the SHO concerned for lodging FIR but same was refused to be lodged. In support of the application, respondent has also filed an affidavit.

(3.) Learned Chief Judicial Magistrate has observed that the position of the application supported by an affidavit reveals commission of cognisable offence, therefore, in the light of said application and the affidavit, SSP, Srinagar, shall register the FIR and to get the case investigated by some senior officer not below the rank of Dy. SP. Copy of the order dated 18.07.2016 along with application has been forwarded to the SSP, Srinagar, for compliance. Index of the application was maintained for being taken up on 28.07.2016.