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Court issues notice to SSP Crime for explaining why contempt shall not be framed
11/22/2017 10:10:07 PM
Early Times Report
Jammu, Nov 22: Railway Magistrate Jammu Yahaya Firdous issued notice to SSP Crime Branch to explain as to why contempt shall not be framed against him for disobedience of the Court Order dated 26-09-2017 and causing huge delay in filing the compliance report.
While taking serious note, Railway Magistrate Jammu observed that after going through the Order of this Court dated 26-09-2017 and the letter of Additional Superintendent of Police Crime Branch Jammu, this Court is constrained to observe that SSP Crime Branch Jammu has substantiated the claim of the applicant mentioned in the application wherein the Crime Branch has been alleged to be biased for non registration of the case when the complainant approached the SSP Crime Branch.
Though the senior prosecuting officer submitted that under the SRO it is mandatory to go for preliminary verification of the complaint before lodging the FIR but the submission of the PO has raised question mark on the working of Crime Branch which perhaps is working against the law laid down by the Apex Court from time to time vis-à-vis Section 156 (3) Cr.P.C.
Railway Magistrate observed that since it is the law of the land that when there is direction from the Magistrate for registration of the case u/s 156(3) Cr.P.C, the Station House Officer has no option but to register the case.
The question arises as to how can Station House Officer (SSP Crime Branch) initiate preliminary enquiry (PV) after the direction of the Magistrate for registration of FIR u/s 156 (3) Cr.P.C. In case, the preliminary enquiry is initiated by the Station House Officer (SSP Crime Branch) after the direction of the Magistrate for registration of the case u/s 156 (3) Cr.P.C, it would not only amount to scrutinizing the Court direction but would also defeat the law laid down by the Apex Court.
The Court observed that even for the sake of the argument, as contended by Sr.P.O that the preliminary verification is mandatory, let us presume that the preliminary verification concluded by SSP Crime Branch is negative, the question arises whether such preliminary verification conducted by SSP Crime Branch would justify for non registration of the FIR u/s 156 (3) Cr.P.C as desired by the Court. The PV (preliminary verification) initiated by the SSP Crime Branch after the direction of the Court, would also amount to questioning the Court Order, as the Court Order is passed only after the Court frames its opinion that a prima facie and cognizable case is made out, therefore, in the given circumstances, this Court is not satisfied with the way the SSP Crime Branch has taken the Court and therefore, conveys its displeasure.
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