KULDEEP RAJ Vs. STATE OF J AND K

JUDGEMENT

(1.) Petitioner has filed this petition under section 561-A, Cr. P.C. for quashing First Information Report No. 163 of 1986, Police Station City, Jammu, under sections 420, 467 and 468-R.P.C. In this petition he has taken the plea that the above said First Information Report was registered on the basis of an inquiry conducted- by Divisional Commissioner, Jammu without naming any accused therein on July 16, 1986 and Superintendent of Police Crime Branch, Jammu, respondent No. 2, started summoning and harassing him in his office through his subordinates continuously for a long period. He moved an application for grant of anticipatory bail in the Court of Sessions Judge, Jammu which was allowed on December 17, 1987. In that application respondent No. 2 clearly indicated that no case was made out against him. On May 21, 1988 respondent No. 2 again started harassing and maltreating him for which he again moved an application and in pursuance of an order passed by the Second Addl. Sessions Judge, Jammu he remained present before the investigating officer for twenty-three days. Respondent No. 2 did not complete investigation during a period of two years and his unnecessary harassment deteriorated his health and caused mental agony.

(2.) Respondents in their objections have averred that the First Information Report discloses an offence and in presence of such facts apparent on face of record this Court could not be called upon to interfere at this stage of investigation. It has, however, been admitted in the objections that the petitioner remained present before the investigating officer for 23 days and according to them a competent investigating officer is investigating into the matter and is diligent in completing investigation.

(3.) I have heard the learned counsel for the petitioner and the learned Addl. Advocate General. I have also perused the police diaries. Senior Superintendent of Police Crime and Railway, Jammu addressed a letter to S.H.O. Police Station City Jammu on July 16, 1986 on the basis of which above said F.I.R. No. 163 of 1986 was registered. This letter reads as under :-