Excelsior Correspondent
REASI, July 6: Chief Judicial Magistrate (CJM) Reasi Adnan Sayeed dismissed a complaint filed by Sub-Divisional Police Officer (SDPO) Mahore Dr Khalid Ashraf under section 175 IPC against Block Development Officer (BDO) Mahore Rajinder Singh Rana.
In the complaint, it was mentioned that BDO Mahore failed to produce record in the police station for carrying out investigation into matter of FIR No. 04/2021, dated: 10-02-2021 lodged against Hanifa Begum and others for the offence under sections-420, 409,109, 506 of IPC.
The complaint was dismissed on the ground that no court can take cognizance of any offence alleged to have been committed by a public servant while acting or purporting to act in the discharge of his official capacity and even if he has committed any crime punishable under law, no cognizance can be taken except with sanction as has been mandated by section 197 of Cr PC.
While dismissing the complaint, the CJM also mentioned that the complaint filed by SDPO Mahore for taking cognizance against BDO Mahore under section 175 IPC is not supported by the sanction for proceeding against this public servant.
According to BDO Mahore, despite showing cooperation to the police, the cops forcefully entered into the premises of the office, broke locks of record boxes and took some work files and other documents for which complaint was also lodged to higher authorities and SHO Mahore. The investigation into the case was also carried out by forcefully taking the employees of BDO office Mahore into custody along with record lying in their possession, he added.
Follow our WhatsApp channel