Decided on March 22,2006

State Of J And K Appellant


J.P.SINGH, J. - (1.) STATE of Jammu and Kashmir invokes criminal Revisional jurisdiction of this Court for setting aside 2nd Additional Sessions Judge's order dated September, 18,2003, refusing to take cognizance of the Police Report under Section 173 of the Code of Criminal procedure filed by Police Station, Crime Branch, Jammu, on the basis of the investigation carried out in F.I.R. No. 10/2000 registered by it Under Sections 419/420/467/468/471 and 120B RPC, holding the registration of F.I.R., and investigation incompetent and beyond the power delegated to the Crime Branch Police Station under SRO 133, relying on a Division Bench Judgment of this Court in Criminal Revision Nos. 78/1998 and 10/1999.
(2.) SH . Abdul Hamid Qazi, learned Additional Advocate General, while projecting non -applicability of the Division Bench judgment to the case, added that cognizance could not be refused on the ground of any alleged irregularity or for that matter even incompetence of the investigation. Sh. Qazi refers to Union of India v. Prakash P. Hinduja : 2003CriLJ3117 . Sh. J.P. Gandhi, learned Counsel for the accused respondents, supports the impugned judgment by relying heavily on the Division Bench judgment. He submits that neither the Crime Branch Police Station possessed any jurisdiction to register any F.I.R., for the infraction of offences falling outside the purview of the SRO nor could the Chief Judicial Magistrate invest any such power in the police station to register an F.I.R. and present police report under Section 173 of the Code of Criminal Procedure. He adds that investigation being without jurisdiction and unauthorized cannot be taken cognizance of by the Court.
(3.) LEARNED Counsel for the parties were, however, not at variance as to the existence of SRO 202 of 1999 at the time when F.I.R. No. 10/2000 came to be registered by Police Station Crime Branch, Jammu. This SRO reads, thus: GOVERNMENT OF JAMMU AND KASHMIR HOME cDEPARTMENT Notification Srinagar, the 3rd June, 1999. SRO -202. - In exercise of the powers conferred by Clause (o) of Sub -section (1) of Section 4 of the Code of Criminal Procedure, Samvat 1989 (Act No. XXIII of 1989) and in supersession of notification SRO -133 dated 2 -4 -1991, the Government hereby declare the Officer of Crime Branch, Kashmir and the office of Crime branch, Jammu to be the Police Stations within their respective jurisdiction in their divisions for purposes of registration and investigation of. - (i) Offences as indicated in the Annexure annexed to this notification on the orders of the Head of the Crime Branch; and (ii) Cases which may be referred by the Government or Director General of Police from time to time. By order of the Government of Jammu and Kashmir Sd/ - Principal Secretary to Government Home Department. Annexure to SRO No. 202 DATED O3 -06 -1999. 1. Note forgery cases. 2. Cases of counterfeit coining. 3. Cases of professional poisoning. 4. Theft of Government arms and ammunition and illicit trade in arms. 5. Frauds by means of advertisement, bogus funds, and companies personating public servants swindling etc. 6. Cases of dacoity or house breaking of a peculiar nature which indicate the work of an adept gang not previously noticed or accounted for by local police. 7. Cases of fraud, theft or cheating of a peculiar nature which effect more than one district. 8. Important theft of currency notes or important defalcation of public money. 9. Cases of smuggling of opium, cocaine etc. 10. Cases of bringing fraudulent suits. 11. Gang cases. 12. Important conspiracy cases whose ramification extend to several districts. 13. Pornography. 14. any serious crime which appears to have a political motive, including all offences connected with arms and ammunition explosive which suspected to be of political nature. 15. Explosive Act, 1984 (Act No. IV of 1984) and Explosive Substances Act, 1908 (Act No. III, VI of 1908). 16. Cinematography Act of 1952/Video Piracy read with the Copy of Right (Amendment Act), 1984. 17. Public Gambling Act (Svt. 1977). 18. Narcotic Drugs and Psychotropic Substance Act, 1985. 19. Suppression of Immoral Traffic in Women and Girls Act, 1956. 20. Drugs Act, (XX) 2000. 21. Indian Arms Act, 1959. 22. Dowry Restraint Act, 1962. 23. Cognizable Offences committed by or relating to public servant. (Sd/ -) Addl. Secretary to Government Home Department. ;

Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.