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news details
HC sets aside CJM's order on FIR against JDA's ex-VC
6/11/2019 10:26:42 PM
Early Times Report
Jammu, June 11: The J&K High Court on Tuesday quashed the order of CJM Jammu directing police station Bahu Fort to register FIR against former Vice-Chairman of Jammu Development Authority Pawan Singh Rathore and others.
Principal Sessions Judge, Vinod Chatterji Koul, quashed the order of CJM Jammu whereby the police station Bahu Fort was directed to register FIR against ex-VC JDA Pawan Singh Rathore (present Director Agriculture), Devinder Singh Katoch (former Director Land Management JDA, presently Joint Director, ICDS) and Shruti Bhardwaj, Tehsildar, JDA.
The judge after hearing advocate Adarsh Sharma for the applicants observed that the petitioners are public servants is not in dispute and they were performing their duties as such public servants. The allegation is that while performing the duties they have exceeded their powers and demolished the structure on the property belonging to the complaints after trespassing. The Chief Judicial Magistrate after obtaining the report has forwarded the complaint u/s 156(3) Cr.P.C to the SHO P/S Bahu Fort for investigation.
The court further observed that the Special Judge could not have taken the notice of the private complaint unless the same was accompanied by a sanction order, irrespective of whether the Court was acting at a pre-cognizable stage or the post cognizable stage, if the complaint pertains to a public servant who is alleged to have committed offence in discharge of his official duties.
The High Court quashed the order passed by the Special Judge as well as the complaint filed against the appellant.
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