Decided on November 14,2006

STATE OF JANDK Respondents


- (1.) RAKESH Kumari, has filed this petition under Article 226 of the Constitution of India read with Section 103 of the Constitution of Jammu and Kashmir for a command to the 2nd and 3rd respondents to divest 4th respondent - SHO Police Station Katra of the investigation of FIR No. 48/2006 registered at Police Station, Katra under Sections 302 RPC and 4/25 Arms Act, and for handing over the investigation of the case to the Central Bureau of Investigation.
(2.) THE petitioner says that her son, Kundan Lal was in contact with her on her Mobile Phone No. 9906099189 when he had left for Ban Ganga, Katra. He had informed her on her residential telephone connection No. 233691 that 5th to 11th respondents, armed with weapons, had been planning to assault him. The petitioner is stated to have rushed to the spot where she found her son being attacked by 5th to 11th respondents with swords, knives etc. Petitioners hue and cry on spot made the assailants to run away. Some locals are stated to have gathered there. Petitioner had narrated this story to SHO, Police Station, Katra, who obtained her signatures on the FIR.
(3.) GRIEVANCE of the petitioner is that only two persons had been named in the FIR and the SHO had managed to screen rest of the persons who had attacked the son of the petitioner. She says that she did not understand Urdu language and was thus unaware as to what had been recorded by the SHO in the FIR, on which he had obtained her signatures. She is stated to have moved various quarters for proper investigation of the case but no relief was provided to her. The SHO had been accused of delaying the presentation of the challan within the statutory period of 60 days so that two persons arrested in connection with the case succeed in getting their release on bail because of non -production of final police report within the prescribed statutory period. During the currency of the petition in this Court, a police challan came to be filed before the competent Magistrate who committed it for trial to learned Additional Sessions Judge, Reasi who is presently in seisin of the case. File No. 14 titled State v. Satnam Singh and Ors. pending before the learned Additional Sessions Judge, Reasi was sent for when it was brought to the notice of the Court that the petitioner had filed an application before the Trial Court seeking reinvestigation of the case.;

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