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| Court dismisses application seeking registration of FIR against Advisor, ors | | | Early Times Report
JAMMU, July 6: Chief Judicial Magistrate Jammu Amarjeet Singh Langeh today dismissed application seeking registration of FIR against Advisor Farooq Khan and others.
This significant order has been passed in an application filed by Ruchi Chouhan sought registration of First Information Report against non-applicants under relevant Penal provisions by seeking indulgence of this court under section 156(3) of Cr.P.C on the premise, succinctly outlined - that Farooq Khan is her husband who is presently Advisor to Lieutenant Governor of UT of J&K; that he clandestinely entered into her house along with other non-applicants and stole her valuable jewellery, important documents including Nikahnama and other valuables; that she approached Director General of Police and other police officers including SSP, Jammu and SHO concerned for registration of FIR against non-applicants under relevant provisions of law but of no avail.
CJM Jammu Amarjeet Singh Langeh after gone through the application on May 5, 2021, directed SSP Jammu to file status report.
CJM Jammu after gone through the status report observed that "If one were to sum up the narrative of complainant in this application, two key features clearly emerge. Firstly, the occurrence alleged is of 19.04.2018 and complainant seems to have approached SHO Police Station Channi Himmat on 03.09.2020 asking him to do the needful failing which she (complainant) approached the court of law. She also seems to have addressed communications to Director General of Police on 03.09.2020 and to SSP, Jammu also on 12.09.2020 seeking their indulgence. Secondly, complainant has approached this court in the year 2021, three years after alleged occurrence. Thus, having regard to the facts and circumstances of the case as mapped out hereinabove and before proceeding further affectively, it is deemed expedient to call, in the first place, status report from SSP, Jammu. SSP, Jammu therefore is directed to submit status report by or before next date of hearing without any failure whatsoever."
The status report submitted by SSP, Jammu would give an inkling of a marital discord between applicant and non-applicant no. 1. Status report would further show that non-applicant no. 1 has since divorced applicant in the year 2018 and that applicant does not regularly reside in the house where occurrence is alleged to have taken place as per version of applicant. Further, status report would also point out that Nideesh Vihar House in fact belongs to one Ishpal Singh which was taken on rent by non-applicant no.1. In wake of these circumstances, applicant seems to have given a spin and twist of criminal dispute to something which owes its genesis in the estrangement originating from marital discord between applicant and non-applicant no. 1. A perception that civil right can be more effectively enforced using tool of criminal law indeed is a flawed assumption frowned upon by law. Section 156(3) of Cr.P.C therefore does not arm likes of applicant in the given circumstances to seek indulgence of court. Allowing such course is un-doubtedly a trend which is perilously dangerous and a Magisterial court therefore is required to be reasonably vigilant in dealing with application like one in hand seeking registration of FIR against likes of non-applicants, more particularly when police is of prima facie opinion that narrative of applicant as pen pictured in the application is false and an in-accurate script. With these observations CJM Observed that application of applicant does not disclose prima facie commission of cognizable offences by non-applicants and application being wholly without merit is not entertainable and is dismissed as such.
—JNF |
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