Research › Search › Judgment

J&K High Court · body

2020 DIGILAW 282 (JK)

New Modern Higher Secondary School v. State of Jammu and Kashmir

2020-06-30

TASHI RABSTAN

body2020
JUDGMENT (ORAL) Amongst other prayers, the petitioner has prayed for the following main relief:- i) Mandamus commanding the respondent Nos. 1 and 2 to entrust/transfer the investigation of FIR No. 73/2007 registered by Police Station, Channi Himmat, Jammu for the commission of offence punishable under Section 420/448 RPC to Crime Branch, Jammu as the respondent Nos. 4 to 6 failed to investigate the matter. ii) To constitute a SIT “Special Investigating Team” for investigating FIR No.73/2007 registered by Police Station, Channi Himmat, Jammu. 2. When this matter was taken up on 28.12.2007 by this Court, after hearing learned counsel for the petitioner, notice was issued to the respondents and a direction was also issued to the Station House Officer, Police Station, Channi Himmat, Jammu to file status report in FIR No.73/2007 registered under Section 420/448 RPC. Additionally CD file was also directed to be produced before the Court on the next date of hearing. 3. Complying with the direction dated 28.12.2007, respondent No.5- Station House Officer, Police Station, Channi Himmat, Jammu, has filed the status report dated 28.01.2008. 4. It is contended in the status report that on 25.07.2007, one Loveleen Bahl, Principal, NewModernHigherSecondary School, Sainik Colony, Jammu filed a written complaint in Police Post, Sainik Colony, Jammu stating therein that she had booked a vehicle of TATA Motors from National Garage, B.C Road, Rehari Jammu, costing Rs. 5.50 Lakhs. However, the Bank in connivance with a private dealer cheated her by providing a vehicle which was not as per the agreement. It is further stated that she paid 7 to 8 installments to the Bank but the Bank did not provide her the original documents of the vehicle and due to which the vehicle was not got registered with the office of Regional Transport Officer, Jammu and later on, the Bank provided her fake documents on which the vehicle was registered with RTO, Jammu. It is contended that on 24.07.2007 at 12 noon some employees of the Bank forcibly entered the premises of the School and took away the vehicle with them. Subsequently a complaint was made and report was entered in the Daily Diary of the Police Post, Sainik Colony, Jammu, which was also forwarded to SHO, Police Station, Channi Himmat, Jammu for registration of FIR and as a result of which, FIR No.73/2007 was registered. Subsequently a complaint was made and report was entered in the Daily Diary of the Police Post, Sainik Colony, Jammu, which was also forwarded to SHO, Police Station, Channi Himmat, Jammu for registration of FIR and as a result of which, FIR No.73/2007 was registered. The investigation was entrusted to IHC Mohd Din of Police Post, Sainik Colony, Jammu. It is further contended that during the course of investigation, the Investigating Officer visited the place of occurrence, prepared the site plan, recorded the statements of complainant and other witnesses under Section 161 Cr.P.C. The Investigating Officer visited the ICICI Bank and asked for providing original file of documents pertaining to sanction of loan of said vehicle. However, in spite of original documents, the Collection Manager, ICICI Bank Residency Road, Jammu provided some xerox copies pertaining to sanction of loan and told that the original file is lying at Head Office, Mumbai and will be given later on but the same has not been provided till date. The Investigating Officer has recorded the statements of the Collection Manager, ICICI Bank Residency Road, Jammu as well as General Manager, National Motor Garage, B.C Road, Jammu and also seized some record of sale from the Garage. The Investigating Officer also approached the office of RTO, Jammu for having record of vehicle registration but was not provided with the same. It is further stated in the status report that the Collection Manager, ICICI Bank has stated in his statement that the vehicle was seized as per the agreement on being becoming the defaulter in paying the loan installments of the bank and moreover, the complainant has not provided any record pertaining to said vehicle except the RC of the vehicle. As per status report, the further investigation in the matter is in progress. 5. Perusal of the record reveals that this matter has been pending consideration before this Court since 2007 and only the status report dated 28.01.2008 has been filed by respondent No.5 so far. Since the matter is more than 13 years old and with the afflux of huge time, as of now many things might have been taken place with regard to investigation in FIR No.73/2007, therefore, it would be appropriate to dispose of this petition instead of keeping it pending consideration. 6. Since the matter is more than 13 years old and with the afflux of huge time, as of now many things might have been taken place with regard to investigation in FIR No.73/2007, therefore, it would be appropriate to dispose of this petition instead of keeping it pending consideration. 6. Accordingly, this petition is, disposed of, with a direction to the respondents to complete the investigation in FIR No.73/2007 registered with Police Station, Channi Himmat, Jammu, for the commission of offence punishable under Section 420/448 RPC, strictly under rules, if the same has not already been completed. Let this exercise be carried out by the respondents within a period of one month from the date the copy of this order is made available to them by the Registry. Registry shall supply a copy of this order to the respondents, particularly, respondent No.5 forthwith, for compliance of the direction. 7. Disposed of as above along with connected application.