SURAJ PARKASH Vs. SHO, P/S REASI

JUDGEMENT

(1.) PETITIONER seeks quashment of FIR No.45/08 as also order No.208 -09/SJR dated 11th March 2008 whereby and whereunder complaint was sent to police concerned under section 156(3) Cr.P.C. At the time of filing of this petition in May 2008, the investigation of the case has been ordered to stay.

(2.) THE complaint filed before the ld. Magistrate was forwarded to P/S Reasi under section 156 (3) Cr.P.C for investigation of the case. It is alleged that son of the complainant was killed by the accused in his house on 8th April 2005 and thereafter the dead body was thrown out of the house and the complainant was informed by accused that his son has died because he suffered cardiac arrest. It is also alleged that the accused is an influential person and while being in league with police personnel is trying to get the case hushed up. It was further alleged in the complaint that despite knocking at the door of highest authorities, justice has not meted -out to him, that is how he filed the complaint before the ld. Magistrate. The ld. Magistrate after considering the contents of the complaint exhibited concern about the state of affairs in which the matter was dealt with and accordingly forwarded the complaint u/s 156(3) Cr.P.C to police station Reasi. A case FIR No. 45/2008 came to be registered on 12th March 2008 under section 302 RPC. The petitioner is aggrieved of the aforesaid FIR, has challenged the same before this court.

(3.) HEARD learned counsel for petitioner. The ld. Counsel for petitioner submits that after the death of son of the complainant, an enquiry was conducted and the said enquiry culminated in holding that the son of the complainant has died by hanging it was a case of suicide. The annexure enclosed with this petition reveal that further magisterial enquiry has been ordered in the case by District Magistrate concerned. The ld. counsel further submits that as the enquiry has been conducted u/s 174 Cr.P.C so no case could be registered on the same set of allegations which have been enquired into. Petitioner thus seeks quashment of FIR.