Excelsior Correspondent
JAMMU, June 9: High Court today quashed reinvestigation in the theft case and passed strictures against the Superintendent of Police, City South Jammu.
The order was passed in a petition filed by Ajeet Chopra challenging the Order No. SPSJ/ Rdr/20/9332-36 dated 03.08.2020 issued by the Superintendent of Police, City South, Jammu whereby the respondent has inspite of the investigation in the case FIR No. 03/2020 for offences under Section 380 IPC registered at Police Station Satwari having been closed as not admitted, directed further investigation of the case.
After hearing Advocate Ayushman Kotwal for the petitioner whereas AAG Aseem Sawhney appearing for the UT, allowed Justice Sanjay Dhar quashed impugned order dated 03.08.2020 passed by SP South directing reinvestigation of the case and left it open to the respondents to proceed in the matter in accordance with law.
“Police authorities are at liberty to take appropriate disciplinary action against SP South for having acted in a manner which smacks of insubordination”, Justice Dhar said, adding “the main and only contention of counsel for the petitioner is that once a superior officer of Police has approved the closure of a case as not admitted, it is not open to an officer who is inferior in rank to flout the order and direct reinvestigation of the case”.
“In the affidavit the respondents have admitted that the impugned order issued by SP City South Jammu directing reopening of the investigation of the case is not in accordance with law”, the High Court said, adding “the course adopted by SP South in this case not only amounts to abuse of process of law but it also smacks of insubordination”.
“If at all there was any scope for re-investigation of the case, SP South could have placed his opinion before his superior officer instead of taking it upon himself and directing further reinvestigation of the case”, High Court said, adding “the impugned order passed by SP South is, therefore, not sustainable in law and as such, the same deserves to be quashed”.
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