Srinagar- A Court here on Tuesday discharged a shopkeeper from Hawal Srinagar who had been booked by police for not installing “functional” CCTV in February this year.
According to the prosecution, the accused violated the order of District Magistrate Srinagar by not installing the functional CCTV cameras in his business unit and committed the offence punishable U/S 188 IPC.
“…the charge-sheet in hand has been preferred by the police before this court but the court cannot take cognizance of the offence punishable U/s 188 IPC except on the complaint in writing of the public servant whose order is violated or of other public servant to whom he is administrative subordinate as per the provisions of section 195(1) of Cr.PC ….,” Sub Judge/Special Mobile Magistrate Srinagar (Railway Magistrate Kashmir), Ahsan Malik, said.
“In view of the provision of Section 195 (I) Cr.PC …., no case of framing of charge against the accused U/S 188 of IPC is made out, as no court shall take cognizance in the offences punishable U/S 188 of IPC except on the complaint in writing of public servant or of other public servant to whom he is administratively subordinate..,” the court said, adding, “Therefore, ………., the case is not made out for framing of charge punishable U/S 188 IPC against the accused. Therefore, the instant charge-sheet is dismissed and the accused is discharged for the offence punishable u/s 188 IPC.”
The police had filed the FIR based on a complaint Naib Tehsildar Executive Magistrate Ist Class Eidgah Srinagar that on the direction of the superior officers the complainant along with police party of police station Zadibal were checking that the CCTV cameras have been installed in the area or not. During the checking it was found that the shopkeeper had installed the CCTV camera but was non-functional which according to the complainant was the violation of the order of the District Magistrate Srinagar.
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