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Judgment
Rajnesh Oswal, J
CrlM No. 315/2020
The instant application has been filed by the petitioner seeking extension of time for filing the affidavit, stamp and court fee etc in support of writ petition. For the reasons stated in the application, the same is allowed.
The petitioner shall do the needful within a period of three days, when the normal functioning of the Courts begins.
Application is, accordingly, disposed of.
CRM(M) No. 113/2020
The petitioner was performing his duties as a Tehsildar Executive Magistrate, Khanyar when the complaint against him as well as other accused persons was filed by the respondent. The said complaint was filed for commission of offences under section 166, 166-A & 167 IPC. The said complaint was assigned to the Court of learned 3rd Additional Munsiff, JMIC, Srinagar by the learned CJM, Srinagar. In the said compliant, the prayer was made for registration of FIR or in the alternative for taking cognizance of the offences mentioned in the complaint. The Court of learned Magistrate below instead of registration of FIR under Section 156 (3) CrPC directed SSP, Srinagar to investigate the instant matter before issuing any process in the matter against the accused persons. S.S.P, Srinagar was further directed to investigate the matter either himself or by an officer not below the rank of SDPO. Pursuant to direction passed by the learned Magistrate, report was submitted by SSP, Srinagar in which it was stated that apparently no criminality is found attributed against them. After report was submitted by the SSP, the respondent objected to the same on various grounds as narrated in the order impugned dated 25.06.2020. The Court below instead of proceeding in terms of Chapter XV of the Cr.P.C has directed the S.S.P, Srinagar to take action under Section 156(3) of Cr. P.C. Learned counsel for the petitioner submitted that the mode adopted by the Trial Court is not permissible under law. Learned counsel for the petitioner further submits that the petitioner was performing his duties as required under law and as per the orders passed by the Judicial authorities.
Notice to the respondent. For that purpose, notice be sent to S. H. O, Police Station, Nishat Srinagar through e-mail for effecting service upon respondent.
List again on 30.07.2020.
In the meanwhile, till next date of hearing the operation of the order impugned dated 25.06.2020 is stayed.