Srinagar- A local court here on Saturday dismissed a revision petition filed by the police a court order that directed the Crime branch, Srinagar to file an First Information Report (FIR) against the police officials over alleged custodial killing of a youth.
The revision petition was dismissed by the Principal Session Court, Srinagar, upholding the order of City magistrate that was passed on July15, 2022.
In the order, the court of City magistrate had directed the Station House Officer (SHO), Crime branch to get the case investigated by an efficient police officer to bring the “culprit/s” to book.
Pertinently, 21-year-old Muslim Muneer of Budshah Nagar, Natipora died on July 9 under mysterious circumstances after he was called for questioning by police station, Nowgam.
According to police, Muneer was summoned to the police station Nowgam in a case pertaining to the theft of a two-wheeler. Hours later, he was allegedly dropped home dead, setting off protests by his family and neighbours.
While the family accused police of custodial killing, the latter rubbished the charge claiming that Muslim was a drug addict. Later, police suspended an official and initiated an inquiry into the death of the youth.
The family then moved to the court to probe the alleged custodial death. The court passed the order in favour of the family and directed the Crime branch to register an FIR and probe the killings.
However, the order was challenged by the police before the Principal Sessions Judge, Srinagar saying that the investigation was already being conducted by the police and the inquest proceedings under section 174 and 176 Cr.P.C were also being conducted.
“….despite that Trial court has passed the impugned order for registration of the FIR. Since the said order has attained the finality, thus the revision petition is maintainable,” the order copy said, while mentioning the police objection.
The Court observed that the order passed by the City Magistrate Srinagar in the application filed under section 156(3) Cr.P.C for registration of the FIR is an “interlocutory order”
“…the revision does not lie against the said order,” the court noted, while giving the reference of the recent judgment passed by High Court of J&K and Ladakh, in case titled Satpal Sharma Vs. Pawan Singh Rathore. The court also noted that the present revision petition is not maintainable.
“Accordingly, in view of the law laid down by our own Hon’ble High Court of J&K and Ladakh, the present revision petition deserves dismissal and is accordingly dismissed,” reads the order, a copy of which lies with Kashmir Observer.
Earlier, the city magistrate had observed that the police are bound to register an FIR and start the investigation when any information is given in relation to the commission of a cognizable offence.
The petition was filed by Advocate Tasaduq Hussain Reshi before the Chief Judicial Magistrate (CJM) on behalf of Shafiqa Muneer, deceased youth’s mother.
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