06/12/2024
MIDNIGHT ATTACK BY A POLICE TEAM ON A LABOURER AT DEVAK RIVER (VIJAYPUR)
CJM, Samba directed SSP, Samba to register an FIR.
In a significant order, the Chief Judicial Magistrate, Samba Umesh Sharma has directed the Senior Superintendent of Police, Samba to register a FIR with respect to the occurrence and further directed holding of the investigation into a midnight attack by a Police Team of Police Post, Rakh Amb Tali, Samba upon a labourer namely Farman Ali S/o Sh. Rashid Ahmed R/o Rakh Barouti, Tehsil and District Samba.
The aforesaid directions were passed in a complaint filed by Bashir S/o Lal Hussain R/o Rakh Barouti, Tehsil and District Samba (uncle of the victim Farman Ali) under Section 175 (3) of BNSS, 2023 through Advocates M. Zulkarnain Chowdhary wherein it was alleged that on 07-10-2024 at 3:00 A.M. at River Devak, Near Boundary Wall of AIIMS, Vijaypur (Samba), the victim Farman Ali was busy while loading sand in a tractor trolly when all of a sudden, a Police Party in a white colour Gypsy No.JK20A-2689 headed by Incharge, P/P, Rakh Amb, Tali namely Baljit Singh alongwith H/C Des Raj, H/C Gopal Krishan, SPO Dalip Kumar and others reached on spot and started abusing and beating Farman Ali without any provocation and started indiscriminate firing and fired a bullet on the right side of the face of the victim Farman Ali due to which it fractured the right side of the face and also hit other parts of the victim’s body.
Advocate M. Zulkarnain Chowdhary vehemently argued that the uncle of the victim Bashir approached the SHO, P/S, Vijaypur for registering of an FIR against the erring Police Officials but the needful was not done and the complainant thereafter approached SSP, Samba with a written application but the same also did not evoke any response.
On presentation of the application, the CJM, Samba directed the SSP, Samba to file a detailed report in the matter and the same was filed through DySP HQ, Samba wherein it was contended that the claim of the complainant is baseless and has been put forth just to counter the actual occurrence.
The CJM, Samba after receipt of the report directed the DySP HQ, Samba to appear in court for making submissions and the DySP appeared in person and reiterated the averments of the report filed by him.
Advocate M. Zulkarnain Chowdhary appearing for the complainant in the open court submitted that the Police report is not based on facts and the Police is violating the mandate of law as laid down in Lalita Kumari’s judgment and despite disclosure of cognizable offence, the Police has refused to lodge FIR in the matter.
After heated arguments from both the sides, the CJM, Samba Umesh Sharma observed that without any doubt, the fact as to whether the grievous injury sustained by Farman Ali has been caused by any gun shot or by anything else can only be cleared, if a full fledged investigation is carried out in the matter for which a prior FIR is a sine qua none. A thorough investigation to find out as to whether the gun shot fired by the Police Team was fired in air or not and if it was fired in air, as to how the same has hit the jaw of Farman Ali as alleged by the complainant. The Ld. Counsel M.Zulkarnain Chowdhary has also submitted that in case the bullet which had hit the Farman Ali was not fired by the Police party as alleged by the Police then again it requires thorough investigation as to by whom the said bullet was fired, if not, by the Police party. Therefore, in view of the allegations made in the application, this is a fit case where FIR needs to be registered so that a proper investigation, especially in light of expert opinion including that of the medical and blastic /forensic experts into vital aspects of the case is carried out and the real culprits, if any, behind the alleged occurrence are identified and booked under law.
With these observations and directions, the CJM,Samba Umesh Sharma directed the SSP, Samba to register FIR with respect to the occurrence and also directed thorough investigation in the matter.