Excelsior Correspondent
JAMMU, Sept 1: Sub Judge (Special Mobile Magistrate), Kathua, Sunil Sangra has directed the Senior Superintendent of Police, Kathua to conduct preliminary enquiry into the allegations levelled by the affected persons of Thein Dam under Section 202 CrPC and submit report on or before September 10. The court has also directed that the SSP Kathua shall also give due representation to the applicants / affected persons of Thein Dam during preliminary enquiry.
These directions were passed in a complaint filed by Tajinder Singh, son of Bangali Ram of village Poonda, Kathua along with 14 more aggrieved persons of Thein Dam through Advocate Appu Singh seeking directions to the SHO Police Station Lakhanpur in terms of Section 156 (3) CrPC to register FIR against Bharat Bhushan, Additional Deputy Commissioner, Kathua, Avtar Singh, Tehsildar Kathua, Bhoj Raj, Naib Tehsildar Kathua, Kuljeet Singh, Deputy Superintendent of Police, Police Lines Kathua and Ripesh Sambyal, SHO Police Station Lakhanpur.
The counsel for the applicants submitted that on August 1, 2016, the applicants along with 500 affected persons of Thein Dam belonging to 22 villages of Tehsil Basohli and Mahanpur were peacefully protesting near Golden Gate, Jakhatpur Morh, Lakhanpur at around 9.00 am with regard to non-settlement of the issue of rehabilitation, compensation and submergence of un-acquired land due to the construction of the Thein Dam Project at Basohli.
While the demonstrators were peacefully protesting, the police came at around 9:15 am and immediately thereafter the officials from the district administration also arrived at the spot. The police without any provocation and without giving the protesters a chance to respond to the situation started beating the demonstrators and this process of lathi charge continued for the about 30 minutes.
After considering the submissions of Advocate Appu Singh, the court observed, “before registration of FIR of the incidence it is imperative to ascertain the truth or falsehood of the alleged allegations / occurrence and it seems proper to conduct preliminary enquiry into the matter before issuing the process against the non-applicants”.
With these observations, the Sub Judge (Special Mobile Magistrate) directed the Senior Superintendent of Police, Kathua to conduct preliminary enquiry into the allegations levelled by the affected persons of Thein Dam under Section 202 CrPC.
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