SHABIR AHMAD MALLA Vs. SHO POLICE STATION SHOPIAN

JUDGEMENT

(1.) The petitioner has challenged FIR No.316/2016 for offences under Sec. 148, 436 RPC and Sec. 3 of the Prevention of Damage to Public Property Act registered with Police Station Shopian.

(2.) In the impugned FIR it is alleged that on 19/9/2016 a mob of people attacked building of Government Primary School Chatawatan Tehsil Shopian, as a result of which the building was razed to the ground. Besides this, the adjacent building of Panchayat Ghar was also gutted. On receiving this information, the police registered the impugned FIR and started investigation of the case.

(3.) It has been contended by the petitioner that he has not been named in the impugned FIR nor he is involved in the alleged offences. That the police has falsely implicated him on the basis of some fabricated information due to animosity. It is contended that another FIR bearing No.272/2016 was also lodged by the police in which charge sheet was filed against the accused including the petitioner but the same was dismissed by Principal Sessions Judge Shopian vide his judgment dtd. 28/12/2019. It is further averred that the petitioner has been appointed as a Fireman in the Fire and Emergency Services Department but because of the pendency of the impugned FIR, his salary is not being released. It is contended that the investigating agency has not conducted proper investigation of the case and if the same is done, the petitioner would be exonerated of all the allegations. It is also contended that the impugned FIR does not disclose commission of any offence by the petitioner as he has not been named therein. Lastly it has been contended that the investigation of the case is not being conducted expeditiously which is causing prejudice to the rights of the petitioner.