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HC permits petitioner to file private prosecution against SP 3/30/2018 10:32:14 PM Early Times Report Jammu, Mar 30: In a significant judgment, High Court of J&K, Jammu comprising of Justice Alok Aradhe directed that it would be open for the petitioner to file a private complaint/ prosecution under section 200 CrPC against the respondent- who is an SP in the J&K Police at present. This direction was passed in a writ petition filed by Irfan Khan S/o Jahangir khan R/o village Planger Teh Thanamandi District Rajouri who filed this petition through Aseem Kumar Sawhney Advocate with Shiv Dev Singh Advocate against the State of J&K, State Vigilance Commission, State Vigilance Organization, DGP and private respondents - Raj Kumar, Dy. SP the then SDPO Thanamandi at present SP, Roshan Lal Head Constable then posted at Police Station Thanamandi, Mir Baz Sarpanch Panchayat Halqua Planger A R/o planger Tehsil Thanamandi District Rajouri. Aseem Kumar Sawhney submitted that the petitioner has filed the petition against the order of the SVC whereby the complaint of the petitioner alleging demand and acceptance of bribe by the DySP Raj Kumar in league with conduit Mir Baz and HC Roshan Lal had been dismissed on the basis of sham inquiry reports of Vigilance and DIG Rajouri- Poonch which had absolved the respondent SP of the charges. The petitioner, inter alia, seeks quashment of order dated 16.07.2015 passed by the State Vigilance Commission, by which the complaint preferred by the petitioner has been dismissed and also sought sanction for prosecution of the respondents no. 4 to 6 under Section 5(2) of the Jammu and Kashmir Prevention of Corruption Act. After hearing the submissions of the advocates, the High Court directed that it will be open to the petitioner to file a complaint under section 200 of the Cr.P.C. Needless to state that in the case the petitioner files such a complaint the previous preliminary inquiry reports shall not act to the prejudice of the petitioner and the court shall decide the complaint on its own merit without being influenced by the preliminary inquiry reports. In addition it will be open to the petitioner to file an application seeking sanction for prosecution of the private respondents. "   Share This News with Your Friends on Social Network     Comment on this Story

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