Excelsior Correspondent
JAMMU, May 5: High Court today quashed FIR registered at Police Station Gandhi Nagar for the commission of offences under Sections 426, 420, 467, 468, 471 & 406 RPC along with all other proceedings emanating there from.
After hearing Advocate Sachin Gupta for the petitioners whereas Senior AAG SS Nanda for the State, Justice M K Hanjura observed, “Gurmeet Singh, the then SHO Police Station Gandhi Nagar, has violated the directions extended by the Supreme Court in the case of D K Basu Versus State of West Bengal with impunity. He detained the petitioner- Anil Kumar in Police Station Gandhi Nagar for a period of three days without any authority of law which came to the surface on an enquiry conducted against him by the SDPO City South on the direction of the IGP Jammu”.
“What action has been taken against the erring officer is required to be made known to this court. In the inquiry report the SDPO City South had directed that an FIR be registered against the SHO Gandhi Nagar for confining the petitioner in the Police Station Gandhi Nagar without following the established procedure of law. Instead of registering an FIR against the then SHO, he continued to enjoy a lucrative posting which gave him a lever in his hands to wreak vengeance against the petitioner”, Justice Hanjura further observed.
It was only when the petitioner knocked at the portals of the court that an FIR was registered against him, that too, after a great lull and to crown it all what is the present status of the FIR registered against the respondent. “These circumstances which require to be explained by the State radiate from the fact that the police force is a disciplined one and the faith that the people in general repose in it should not get eroded, corroded and rusted”, High Court said and sought compliance report in light of the raised queries before the next date.
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