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Judgment
Rahul Bharti, J
SHO Police Station Kunzar, Sheikh Adil, who is said to have joined the posting last month only, is present along with case file.
Mr. Jehangir Ahmad Dar, learned GA has not been able to satisfy this court as to how come if the police was investigating the case through SIT, the prosecutrix happened to petition this court along with one of the persons accused of her rape and seek quashment of the very said FIR meaning thereby the SIT investigating the FIR was unaware of the whereabouts/movements of the prosecutrix, a victim of alleged crime itself.
From this fact itself, this court is of prima facie view that the investigation in the case is compromised one and to shield the real state of things attending the very abuse of the prosecutrix who is a foreign national being resident of Burma.
Before this court proceeds further to consider shifting of the investigation, Mr. Dar learned GA is directed to submit an affidavit of the Incharge SIT with respect to the state of investigation done so far, within two days.
List on Friday i.e. 01.3.2023 before this Bench ‘higher up’ in the cause list.
Meanwhile, the victim shall continue to be lodged in the Open Shelter for Girls, Rawalpora, Srinagar, with the direction to Incharge to submit a report about the health and wellbeing of the victim. Registry is further directed not to allow access to the file of this case to anyone nor to issue any certified copy without prior permission of the Registrar Judicial Srinagar.