Excelsior Correspondent
JAMMU, Jan 11: In the mysterious disappearance of accused from the prison, State High Court has declined to stay registration of FIR against Superintendent of District Jail Poonch and SHO Police Station Poonch, the direction for which was issued by the CJM Poonch.
Brief facts of the case are that one Mohd Azam, son of Mohd Akbar Lone of Sawjian Mandi was arrested by Surankote Police on October 17, 2014 and thereafter he was sent to judicial custody at District Jail Poonch. On November 18, 2014, District and Sessions Judge Poonch granted bail to the accused.
When on November 18, 2014 Mohd Asgar, brother of Mohd Azam reached District Jail Poonch after getting the bail order, the jail officials asked him to wait. Meanwhile, SHO Police Station Poonch came in the jail and took Mohd Azam.
Accordingly, Mohd Asgar visited Poonch Police Station and on the directions of the officials provided some eatables to his brother. However, in the afternoon police refused that Mohd Azam was brought to Police Station.
Aggrieved over this, Mohd Asgar moved an application in the court of CJM for inquiry following which report was called from police, which mentioned that they had not arrested Mohd Azam in any case. When Mohd Asgar moved an application against Superintendent District Jail Poonch in the court of District and Sessions Judge, the jailer informed that he had handed over the accused to the complainant.
On this inquiry application was transferred to Munsiff District Mobile Magistrate (T) Poonch for inquiry, who on the basis of statement of complainant and his witnesses and after corroborating the material aspects of the complaint, reached to the conclusion that prima-facie accusations leveled in the application seems to have been committed.
On the basis of inquiry report, CJM Poonch directed SSP Poonch to register FIR against SHO Police Station Poonch and Superintendent District Jail Poonch.
Aggrieved over this, Superintendent District Jail Poonch moved a petition before the State High Court seeking directions to stay registration of FIR. However, after hearing Advocate S S Ahmed for the Jail Superintendent, Justice Dhiraj Singh Thakur only issued notice to the respondents but declined to stay the order passed by CJM Poonch.
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