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2015 DIGILAW 230 (JK)

Munawara Sultana v. State of J&K

2015-05-06

ALI MOHAMMAD MAGREY

body2015
JUDGMENT : Ali Mohd. Magrey, J. 1. By judgment dated 10.06.2011 passed in OWP No. 187/2007 filed by the petitioner, the Court passed three directions. The third direction was to the effect that "FIR No. 74/1993 be reinvestigated and investigation be completed expeditiously. Chief Judicial Magistrate, Srinagar shall monitor the investigation". Consequent to the aforesaid direction, the re-investigation of the FIR has been concluded; now only the challan is to be produced before the competent court of jurisdiction. 2. The grievance of the petitioner is that challan is not being produced before the Court. In that connection, the petitioner made an application before the learned Chief Judicial Magistrate, Srinagar, seeking a direction to the Police authorities to present the charge sheet before the Court. By order dated 19.08.2013, the learned Chief Judicial Magistrate has disposed of the application holding as under: "...Accordingly, I am of the considered view that the in-charge of Police Station should not be compelled by direction of this court to present charge sheet without making efforts obtaining (sic) sanction of the Government. Substantial progress has been made in investigation of the case, as per the mandate of Hon'ble High Court of Jammu and Kashmir in order dated 10.06.2010 (should read 2011), and this court also has monitored the investigation pursuant to the said order. In doing so, the mandate of the order has been served as far as this court is concerned. The accord of sanction by the Government is not required to be monitored, moreso it being statutory function of the Government. The Government may in its wisdom, appropriately consider to grant sanction into the matter, enabling the in-charge of Police Station to present charge sheet and consequent institution of proceedings before the court. Accordingly, the application of the complainant is disposed of. The case taken up on the file of this court for monitoring of investigation is also disposed of. File be consigned to records of (sic) the completion." 3. Petitioner has filed this petition invoking the inherent powers of this Court under Section 561-A Cr.P.C. to set aside the aforesaid order dated 19.08.2013 passed by the learned Chief Judicial Magistrate. 4. I have heard learned counsel for the parties, perused the material on file and considered the matter. 5. File be consigned to records of (sic) the completion." 3. Petitioner has filed this petition invoking the inherent powers of this Court under Section 561-A Cr.P.C. to set aside the aforesaid order dated 19.08.2013 passed by the learned Chief Judicial Magistrate. 4. I have heard learned counsel for the parties, perused the material on file and considered the matter. 5. Perusal of the 3rd direction contained in order dated 10.06.2011 passed in OWP No. 187/2007 makes it manifest that it was two-folded: first part of the direction required the Police agency to reinvestigate the FIR and complete it expeditiously; the second part of the direction required the learned Chief Judicial Magistrate, Srinagar, to monitor the investigation. Insofar as the reinvestigation of the FIR and its completion is concerned, there is no dispute about that; reinvestigation has been done and completed. This satisfies the first part of the direction. So far as the responsibility cast on the learned Chief Judicial Magistrate to monitor the investigation is concerned, the said condition of the order, too, stands complied with. These were the only two parts of the 3rd direction passed by the Court. The directions having been complied with, I do not see that the learned Chief Judicial Magistrate has committed any illegality or, in any manner, not complied with the order passed by this Court. Therefore, no reservations can be taken to the order passed by the learned Chief Judicial Magistrate impugned by the petitioner in this petition. This petition is, accordingly, dismissed as being without any merit.