Excelsior Correspondent
JAMMU, Oct 20: An application seeking direction to SHO Police Station Bakshi Nagar, Jammu for registration of FIR by invoking Section 156(3) of Cr.P.C was dismissed by Chief Judicial Magistrate, Jammu where one Ravinder Singh age 45 years S/o Late Shanti Swaroop R/o Quarter No. 3, Medical Enclave, near K.C Theatre, Jammu alleged that on 05.10.2020 his mother left her home and told her grandson that she is going to meet her brother at Ludhiana in Punjab. However, when she neither returned nor her whereabouts from relations in Jammu could be ascertained, he approached SSP Jammu and Police Station Bakshi Nagar, Jammu and alleged that one Davinder Singh who brought his mother from Punjab to Jammu on 15.11.2020 might be knowing the details of his mother and therefore on the basis of this strong suspicion, applicant sought registration of FIR for kidnapping against accused Davinder Singh.
On filing of this application, status report from Police Station Bakshi Nagar, Jammu was called by court which disclosed that missing report No. 014 dated 16.03.2021 stands registered in the matter; that applicant has no concern for his old and infirm mother; that applicant and his wife did not allow the old lady to enter their house; that she also resided for sometime at Beli Charana; that she also used to stay in Ludhiana and that applicant did not cooperate with the Police Station concerned in the process of tracing his mother and that she is missing from Jewel Chowk, Jammu since 27.10.2020. Police report also disclosed that applicant has also filed a writ petition in the High Court seeking direction to Police to trace his mother.
While dismissing the application of the applicant, the court held that “various status reports filed by SHO Police Station Bakshi Nagar, Jammu – un-fold a re-sounding account as to how applicant did not have cordial relation with his mother besides showing no real concern for her. “Even in the application in hand, all that applicant says is that he harbours serious doubt and strong suspicion that accused has full knowledge of whereabouts of his mother and applicant therefore does not allude any specific allegations of wrong doing to accused that constitutes commission of cognizable offence(s),” the court ruled.
“Neither allegations in the application nor the riveting account with regard to incident in question put forth by three status reports of SHO aforementioned disclose commission of any offence leave alone cognizable offence by or at the behest of accused as of now and therefore Section 156(3) of Cr.P.C cannot be invoked to foist criminal offences/charge on accused and that too on the basis of vague and un-founded doubt of likes of applicant,” the court observed and dismissed the application.
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