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2017 DIGILAW 734 (JK)

Hakim Din v. State of J&K

2017-08-25

JANAK RAJ KOTWAL

body2017
JUDGMENT : 1. Objections have not been filed. However, having regard to the grievance of the petitioner and the relief sought, this petition is admitted and with the consensus of learned counsel on both the sides, taken up for final disposal. 2. On a complaint lodged by the petitioner, on the direction of the local Magistrate, FIR No. 118/2016 under sections 452, 323, 504 and 506 RPC was registered at Police Station, Channi Himmat, Jammu. As the investigation was not commenced and completed to the satisfaction of the petitioner (complainant), he filed a contempt application in the court of learned Magistrate. In that contempt application, status report came to the filed by the Investigating Officer showing that the investigation has been closed as not proved. 3. Grievance of the petitioner precisely is that, in spite of having closed the investigation, final report has not been filed in the court of competent Magistrate in terms of section 173 Cr.P.C. Learned counsel for the petitioner submits and rightly so that after closure of investigation in a case, the Investigating Officer is required to submit the final report to the Magistrate of a competent jurisdiction so that the informant or the victim, as the case may be, can raise his grievance before the Magistrate. 4. This writ petition is disposed of by issuing a direction to the Senior Superintendent of Police, Jammu and SHO Police Station, Channi Himmat, Jammu, herein respondents 2 and 3, that the final report in the case shall be filed in the court of a competent Magistrate within two weeks hereafter. Petitioner shall produce a copy of this order in the office of SHO Police Station, Channi Himmat, Jammu. Disposed of.