CHOUDHARY NAGAR SINGH Vs. SPECIAL INVESTIGATION TEAM

JUDGEMENT

(1.) This petition pertains to year 2009. Defects, as pointed out by the Registry, have not been removed till date. From the perusal of zimini orders, it reveals that on 03.07.2013, none had appeared for the petitioner. On 13.09.2017, when the matter came up for consideration, none has put in appearance on behalf of both the sides, so this Court has no option but to decide the petition on merits.

(2.) Petitioner has filed the instant petition for quashment of order dated 21st November, 2009 passed by the Principal Sessions Judge, Jammu, by which the Chief Judicial Magistrate, Jammu has been directed to remand the petitioner to police custody, as well as the order dated 21st November, 2009 passed by the learned Chief Judicial Magistrate, by which the petitioner has been remanded to police custody for seven days, i.e., upto 28th November, 2009. The petitioner also seeks quashment of remand granted to him by the learned Duty Magistrate on 28th November, 2009 and declares all the orders granting remand for police custody as illegal and unsustainable with a further prayer to uphold the order of learned Chief Judicial Magistrate, Jammu dated 17th November, 2009, by which the petitioner was remanded to judicial custody.

(3.) It has been stated in this petition that, an FIR came to be registered in Police Station, Gandhi Nagar, Jammu on 29th August, 2009 being FIR No. 247/2009 against the son of the petitioner, namely, Jatinder Singh and one-Royal Singh for commission of offences under Sections 307/323/34 RPC read with Section 3/25 Arms Act. The investigation commenced and during the investigation, it came to surface that fudging of the weapon of offence and the bullet has taken place. A Special Investigation Team (For brevity, the SIT) was constituted and the investigation entrusted to the said team. The SIT in order to implicate falsely the petitioner herein alleged that the fudging has been taken at the behest of the petitioner and sought to arrest the petitioner and his two brothers, namely, Rakesh Singh and Jagar Singh. The petitioner along-with his brothers, firstly, moved the anticipatory bail application before the Sessions Judge, which was declined by the learned 1st Additional Sessions Judge, Jammu and thereafter, he filed another bail application before this Hon'ble Court seeking pre-arrest bail, but the same was also declined by this Hon'ble Court on 16th November, 2009.