Excelsior Correspondent
Srinagar, Feb 9: High Court directed the trial court to expeditiously conclude the trial of a case regarding delivery of money to banned organization, Peoples League, for promoting militancy in J&K.
Justice Rajnesh Oswal dismissed the plea of quashing the proceedings before Sessions court Kathua for commission of offences under Sections 120-B, 121, 121-A and 123 RPC in FIR No. 12/2001 registered with Police Station, Lakhanpur.
The petitioners have challenged the charges for commission of offences under Sections 120-B, 121, 121-A and 123 RPC, those were framed by the trial court vide order dated 15.05.2009 as well as proceedings thereof solely on the ground that there is violation of Section 196 of the Code of Criminal Procedure and, as such, the proceedings as well as order dated 15.05.2009 are required to be quashed.
It is as per the prosecution story that on 27.03.2001, a source information was received that one Showkat Ahmed Din an employee of Veterinary Department son of Ghulam Qadir of Shah Mohallah, Nawabazar, Srinagar and Abdul Majid Sheikh son of Abdul Aziz Sheikh of Gow Kadal, Srinagar, a member of banned organization were coming in a Maruti Car from Delhi towards Srinagar carrying huge amount of money by unlawful means to deliver the same to one Ghulam Mohammad Khan of Chanpora, Acting Chairman of People League to promote militant activities in the State.
On receiving the information, FIR bearing No. 12/2001 was registered and naka was laid at Basohli Morh, Lakhanpur and about at 6.30 PM, the Car was intercepted and accused were arrested with money.
It was averred that during the course of investigation, both the accused confessed that Farooq Rehmani, Chairman of the PL had contacted them on phone from Pakistan in Delhi and directed them that one unknown person will hand over them an amount of Rs. 18 lakh for handing over the same to one Ghulam Mohammad Khan at Srinagar.
“So, in order to avoid any further delay, the learned trial court is directed to conclude the trial expeditiously and no unnecessary adjournments shall be granted to either of the parties. Registry shall send a copy of this judgment along with record of the trial court to the trial court forthwith”, Justice Oswal directed.
The Superintendent of Police, Kathua while forwarding investigation papers of the case FIR bearing No. 12/2001 of Police Station, Lakhanpur requested the District Magistrate, Kathua to frame a complaint for launching prosecution against the accused.
Thereafter, the District Magistrate, Kathua vide complaint dated 08.08.2002 in exercise of the powers vested in him under the provision of Section 196 of the Code framed the complaint and instituted proceedings in the court of law and simultaneously, requested that the Police challan may kindly be treated as complaint against the accused persons.
Counsel for the petitioners has raised the sole ground that the court could not have taken cognizance upon the challan filed by the Police without there any formal complaint filed by the District Magistrate, Kathua.
Court on perusal of Section 196 of the Code said that filing of the complaint is sine qua non for taking any cognizance of any offence punishable under Chapter VI or IX-A of the Ranbir Penal Code and the cognizance of an offence can be taken only on the basis of a complaint made by order of or under the authority from the Government or the District Magistrate or such officer as may be empowered by the Government on that behalf.
“In view of all what has been said and discussed above, this petition has no merit and is, hereby, dismissed. Before parting, this Court is at pains to observe that the present petition had remained pending before this Court for a considerable period of time only because of absence of the counsels for the Union Territory and even on the day when the matter as considered, none had appeared on behalf of Union Territory”, Court recorded.
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