RAKESH KUMARI Vs. STATE OF J&K
HIGH COURT OF JAMMU AND KASHMIR
STATE OF JANDK
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(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
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