Research › Search › Judgment

J&K High Court · body

2017 DIGILAW 301 (JK)

Rajeev Gupta v. State of J&K

2017-07-10

TASHI RABSTAN

body2017
JUDGMENT : 1. Petitioner, on the edifice of case set up, beseeches direction in the name of respondents 2&3 to investigate the complaint dated 16th January 2014 filed by him against proforma respondents expeditiously. 2. Respondent no.3, has, in compliance of this Court order dated 14th July 2014, filed status report, asserting therein that complaint as regards subject-matter of the case, on its examination, was referred to Director, School Education, Jammu. Report of Deputy Chief Education Officer, Kathua forwarded vide Director School Education, Jammu’s letter no.DSEJ/MW/V-34/2015/ 3116 dated 3rd March 2015 is stated to have been received with the comments that respondent no.4 herein, being victim of domestic violence, is residing at her parental place, away from her husband and she was appointed on the basis of VEC report and merit, and that it cannot be denied that her husband is harassing her by making baseless allegations. Respondent no.3 also avers in the status report that given the facts reflected in the report and comments of Director, School Education, Jammu, the matter has been closed and Director, School Education, Jammu, informed accordingly. 3. Rejoinder has been filed by petitioner, making various submissions, which are factual in nature, needing a full-fledged trial. 4. During course of argument, learned counsel for respondents 4 to 7 has submitted that writ petition is not maintainable, for, petitioner has already filed complaint on same-subject matter before learned Chief Judicial Magistrate, Jammu. Though learned counsel for petitioner has resisted the submissions of learned counsel for respondents, but the same pales into insignificance having regard to controversy involved and its nature being factual in character. 5. For above discussion and in view of pendency of complaint filed by petitioner under Section 156(3) Cr.P.C. before learned Chief Judicial Magistrate, Jammu, on the same subject-matter as in petition in hand, the writ petition is disposed of granting liberty to petitioner to pursue his complaint before learned Chief Judicial Magistrate, Jammu. It is made clear that whatever mentioned or observed herein above shall not influence learned Chief Judicial Magistrate, Jammu, while dealing with and deciding the petitioner’s complaint. 6. With the aforementioned direction, writ petition stands disposed of with concomitant MPs.