High CourtsDivision Bench(2023) 05 J&K CK 0024

State Of J&K vs Manoj And Anr

Jammu And Kashmir High Court · Decided on 15 May 2023

HON’BLE JUDGES
Sanjay Dhar, J · Rajesh Sekhri, J
RESULT
Disposed Of
CASE NUMBER
Criminal Appeal No. 16 Of 2010

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Judgment

12 paragraphs · 349 words
1.

Vide judgment dated 25.04.2013 passed by this Court in Criminal Acquittal Appeal No. 16/2010, the judgment of acquittal passed by the trial court was upheld but at the same time, this Court passed the following directions:-

“Director General of Police is directed to institute an enquiry against the Investigating Officer, other officers and officials so as to ascertain:

1.

why the two samples weighing 100 grams each as were taken and sealed have not reached to FSL for analysis;

2.

How and which two samples weighing only 50 grams and 64 grams respectively have reached to the FSL;

3.

whether the samples were tempered with or replaced;

4.

why the samples were sent to the FSL after a gap of 14 days from the date of sealing ; and

5.

why Tarlok Chand, who was the driver of the Maruti/Vehicle has not been arrayed as an accused or witness.”

2.

Pursuant to the aforesaid directions of this Court, it seems that the Director General of Police has ordered departmental inquiry against Sh. Prithpal Singh, the then SDPO, Akhnoor as also against Sh. Jagdev Singh, the then SHO, Domana, the Investigating Officer.

3.

Learned counsel appearing for the appellant has produced a copy of Government Order No. 92-Home of 2022 dated 29.03.2022, which indicates that after holding a departmental inquiry against Sh. Prithpal Singh, the then SDPO, Akhnoor, it was found that there was lack of supervisory control on his part, accordingly, he has been inflicted minor penalty of fine equivalent to one month’s salary.

4.

Another Government Order No. 255-Home of 2023 dated 13.05.2023 has also been produced by the learned AAG, according to which, the competent authority has declined to accept the report of the Enquiry Officer, whereby the Investigating Officer, namely, Sh. Jagdev Singh has been exonerated of the charges and a de-novo inquiry into the charges has been directed.

5.

In view of the aforesaid two Government orders, the directions passed by this Court vide judgment dated 25.04.2013 stand complied and as such, no further directions are called for in this case.

6.

Disposed of.