Janak Raj Kotwal, J. - (1.) This is a petition under Section 561-A of the J&K Code of Criminal Procedure, Svt. 1989 (for short the Code).
(2.) Background facts are these. On 08.12.2011, Jamshed Begum (hereinafter to be referred as the informant) lodged a written information at Police Station, Rajouri alleging inter alia that in the night intervening 2nd and 3rd December, 2011, one Mohd. Kabir (hereinafter to be referred as the accused) and nineteen others abducted her daughter (hereinafter to be referred as the victim) from her house with the intention of committing rape on her. On this information police registered offences under Sections 366, 380 and 109 RPC as FIR No. 652/2011 and took up the investigation. The victim was recovered from the custody of the accused. In her statement recorded under Section 164-A of the Code, the victim revealed that besides the accused, persons, namely, Mohd. Mushtaq, Mohd. Younis, Mohd. Arif, Mohd. Alyas and Mst. Naseema Akhter (herein petitioners) were involved in her abduction and commission of rape on her. After completion of the investigation, police, however, submitted charge-sheet under Sections 366, 376 and 343 RPC against the accused alone, which came to be committed for trial to the court of learned Sessions Judge, Rajouri (with additional charge of Sessions Judge, Rajouri). The informant approached this court in OWP No. 104/2012 with her grievance that the persons named by the victim were not arraigned in the FIR by the police. That petition was disposed of by this court vide order dated 26.02.2015 with the consensus of counsel on each side by issuing a direction to the trial court to consider and decide the application of the prosecutrix (victim) in regard to complicity of the persons actually involved in the occurrence and further that the learned trial court ".may if deemed appropriate direct further investigation in the matter by a high ranking police officer not below the rank of Superintendent of Police".
(3.) Learned trial court vide its order dated 09.04.2015 after having regard to the facts of the case and statement of the victim recorded under Section 164-A of the Code noticed that the victim has levelled serious allegation of abduction and rape against herein petitioners and another but the chargesheet has been filed against one person only and therefore, held that investigation was not conducted according to well established procedure of law and returned the charge sheet to SSP, Rajouri with a direction to further investigate the case in terms of Section 173(8) of the Code by an officer not below the rank of Superintendent of Police. Operative part of this order is extracted: "In view of what has been discussed above and as per direction of Hon'ble High Court, the challan is returned to SSP, Rajouri with direction to further investigate in the matter in terms of Section 173(8) Cr.P.C by a high ranking Police Officer not below the rank of Superintendent of Police (SP). The investigation be completed expeditiously preferably within 30 days from the date of receipt of order and challan. The complete challan be produced thereafter. Office to send the challan along with copy of order to SSP, Rajouri through APP for compliance.";