Excelsior Correspondent
JAMMU, Oct 30: High Court has directed SSP Jammu not to act upon the order passed by the Chief Judicial Magistrate Jammu whereby direction has been issued for registration of FIR in a rape case against Sandeep Gupta, the then SDPO Domana, Rafiq Ahmed Jaral, Tehsildar Jammu North and others.
After hearing Senior Advocate Sunil Sethi with Advocate Vishal Sharma appearing for the IPS officer Sandeep Gupta whereas Senior Advocate KS Johal with Advocate Karman Singh Johal for the complainant, Justice Sanjay Kumar Gupta reserved the petition for judgment and ordered that SSP Jammu shall not act upon the order passed by the CJM Jammu till the judgment is passed.
In the petition, it has been submitted that request was received in the Police Station Domana from the Revenue officials for providing police help, apprehending law and order problem in the process of removing illegal encroachments on the State land in compliance to the directions of the High Court.
The petitioner was also informed about the same by the Incharge Police Post Chinore where upon the petitioner directed the Incharge Police Station Domana and Police Post Chinore to co-operate with the revenue officials and provide all necessary support to them and also ensure that no untoward incident happens during the anti encroachment drive.
On 4th August 2018, the anti encroachment drive for retrieval of the State land from illegal encroachers was started and the petitioner also visited the spot. However, as soon as the revenue officials started proceeding towards the land encroached by a lady she started arguing with the revenue officials and thereafter attacked officials of the Revenue and Police Departments.
During the course of hearing, Senior Advocate Sunil Sethi submitted that CJM Jammu has failed to appreciate that it would be setting a very dangerous precedent in case FIR for accusation of rape on such vague complaints are directed to be registered mechanically against Senior Police officials for performing their official duties.
“The order impugned has been passed by the CJM in complete breach of the law laid down by the Supreme Court of India in Priyanka Srivastava’s case wherein it has been categorically held that the Magistrate has to remain vigilant with regard to the allegations made and the nature of allegations and not to issue directions without proper application of mind”, he added.
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