Jammu and Kashmir High Court: A Bench of Sanjay Kumar Gupta, J. allowed this petition seeking a direction to the official respondents for reinvestigation because of shoddy, incomplete and unreasoned investigation conducted in a perfunctory manner.
The facts of the case are that the father, brother of the petitioner and the petitioner himself were criminally abused, beaten up and restrained by the accused persons. An FIR was lodged but the police refused to take any actions against the accused persons. It was stated that the Challan in the aforesaid FIR was produced before the Court of Learned Munsiff only under Sections 341/323/34 RPC and only against a few of the respondents and left over the serious offences and rest of the accused persons. The petitioners further contended that the criminal case under the FIR whose challan was presented in the Court of Munsiff required a reinvestigation as the medical record which had been annexed with the petition was not considered by the Investigating Officer during the investigation.
The Court allowed the petition and ordered for further investigation. [Mohd. Arif v. State of J&K, 2018 SCC OnLine J&K 1046, decided on 24-12-2018]
I need this whole judgement
Please visit http://www.scconline.com