Excelsior Correspondent
JAMMU, Dec 2: High Court of J&K and Ladakh has stayed reinvestigation of a case registered with the Police Station Vijaypur for commission of offence Under Section 376 RPC.
The reinvestigation was directed by the Chief Judicial Magistrate Samba in an order dated September 12, 2022 which has been questioned by the petitioner who figured as accused in the FIR.
On behalf of the petitioner Advocate Deepak Mahajan cited the judgment of Supreme Court in the case title ‘Chandra Babu alias Moses Vs State through Inspector of Police & Ors’ reported in ABC 2015 (II) 201 SC to press the point that the Magistrate dealing with the closure report has no jurisdiction to order reinvestigation.
The complainant who got the case registered at Police Station Vijaypur against the petitioner for commission of offence under Section 376 RPC has died.
Rahul Bharti, Judge at the High Court stated that the impugned order dated September 12, 2022 passed by the Chief Judicial Magistrate Samba shall remain stayed.
Follow our WhatsApp channel