STATE TIMES NEWSJAMMU: In a petition filed by one Ajeet Chopra challenging order No. SPSJ/ Rdr/20/9332-36 dated August 3, 2020 issued by Superintendent of Police, Jammu South, whereby the aforesaid respondent, inspite of investigation in the case FIR No. 03/2020 for offences under Section 380 of IPC registered with Police Station Satwari, having been closed, by orders of Senior Superintendent of Police Jammu, directed further re-investigation of the case.Justice Sanjay Dhar of Jammu & Kashmir High Court Jammu wing after hearing Adv Ayushman Kotwal for petitioner whereas AAG Aseem Sawhney appearing for UT, allowed the petition and quashed impugned order issued by SP South directing re-investigation of case, leaving it open to respondents to proceed in the matter in accordance with law.Justice Sanjay Dhar further directed that Police authorities are at liberty to take appropriate disciplinary action against SP South for having acted in a manner which smacks of insubordination. While allowing petition, Justice Sanjay Dhar observed that the aforesaid FIR came to be registered against petitioner and investigation into the same was set into motion. After investigation, the Investigating Officer arrived at a conclusion that allegations against the petitioner are not substantiated and as such, a report in this regard was submitted by the Investigating Officer to Dy Superintendent of Police, SDPO, Jammu South, who in turn, vide his report dated July 2, 2020 submitted the matter to Senior Superintendent of Police, Jammu. Further, the SSP Jammu accepted recommendations and vide order dated July 6, 2020 accorded approval to the conclusion of the investigation of case as not admitted. It has been contended that SP Jammu South, surprisingly, even after accord of the approval to closure of case by SSP Jammu issued impugned order observing that the investigation of the case has not been carried out in professional manner and thereafter transferred investigation to Incharge, Police Post, Chatha.The Court further observed that the main and only contention of counsel for the petitioner is that once a superior officer of Police has approved closure of a case as not admitted, it is not open to an officer, who is inferior in rank to flout aforesaid order and direct re-investigation. The respondents were directed to file response particularly with reference to the aforesaid contention of the petitioner and same has been received. As per the response submitted by Senior Superintendent of Police, Jammu vide his affidavit dated June 3, 2021, it has been admitted that on recommendations made by SDPO, South, the case was concluded as not admitted and ratified by the then SSP Jammu. The affidavit further goes on to admit that impugned order issued by SP, Jammu South, directing reopening of the investigation of the case, is not in accordance with law.Justice Sanjay Dhar observed that thus 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 case, SP South could have placed his opinion before his superior officer, the SSP Jammu, instead of taking it upon himself and directing further re-investigation of the case. The impugned order passed by SP South is, therefore, not sustainable in law and as such, the same deserves to be quashed,” the Court directed.
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