| Girl's death at Zanana Park: CJM's order set aside, directed to proceed under law | | Non-bailable warrants issued against SHO for contempt of case | | Early Times Report
JAMMU, Feb 21: 2nd additional sessions judge, Jammu, M K Sharma has set aside the order of chief judicial magistrate (CJM), Jammu, passed in an application of one Lal Zohra and directed him to proceed in accordance with law and subsequent developments in the matter.
This revision petition by filed by Lal Zohra through his counsels against the November 2, 2015 order of the CJM who had disposed of the petitioner's complaint without any effective order on the basis of a high court interim order produced by then SHO of Pacca Danga police station which stated that police was directed to record the statement of victim when she was alive but not to use it in any proceedings.
The counsels submitted that the petitioner had filed a complaint under section 302 of RPC against accused Sanjay Sharma who had allegedly set her daughter ablaze at Zanana Park here. They alleged that police had been sheltering the accused because his real brother was then posted as SHO of Gandhi Nagar police station.
On the high court directions, second statement of the victim, who later died, was recorded at DMC, Ludhiana, wherein she had clearly stated that how Sanjay had burnt her. Despite this, police were alleged to have neither arrested the accused under section 302 of RPC nor produced challan, they submitted.
Aggrieved by the alleged police inaction, a petition was filed before the CJM's court for monitoring investigation and issuing direction to police for fair probe under law. Despite status reports, nothing was done and the court called then SHO of Pacca Danga police station in person who on October 11, 2013 produced before the CJM's court an order, according to which, the high court had directed that the statement of the victim be recorded but it would not be used till further orders from it.
When this order was produced by then Pacca Danga SHO Kuldeep Khajuria, now SHO of Trikuta Nagar police station, with the submission that the petition was pending before the high court, the CJM disposed of the petition, observing that nothing could be done further in the matter.
The counsel submitted that the high court order produced in November 2015 by then SHO was already vacated in December 2013 itself and the SHO had allegedly misled the court by producing it, thus causing a serious contempt of court and also faulted by not doing anything further in the matter.
He alleged that the lower court had passed the order on merely submission of a vacated order of the high court in 2013 due to the SHO's lie and misleading submission.
He alleged that due to these tricks, police were not conducting fair investigation into the complaint of the petitioner which involved serious offences of section 302 of RPC.
On hearing the counsels and recording the admission of APP and SHO, the second additional sessions judge set aside the impugned order of CJM, Jammu, and allowed the revision petition.
Meanwhile, CJM, Jammu, in the contempt petition filed before him by Lal Zohra, after hearing her counsel and after finding Kuldeep Khajuria, presently SHO of Trikuta Nagar police station, absent, issued non-bailable warrants of arrest against him and fixed the contempt petition on March 1, 2016. |
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