Second Additional Sessions Judge Srinagar set aside an order of subordinate court which had directed the police to constitute a Special Investigation Team to hold preliminary inquiry into an alleged murder case, rather than register an FIR.
Second Additional Sessions Judge, Vijay Singh Manhas, Srinagar, issuedthe orders after hearing the parties in a revision petition filed by SabreenaRasool of Soura through her counsel Mushtaq Dar.
Dar prayed for registration of FIR in the case alleging that mother ofthe petitioner was murdered.
The CJM courtwhile directing the police to set up a SIT to probe into the matter haddeclined to order registration of FIR.
“The final order dated 16 March 2018 which isbased on the outcome of the SIT . . . is not based on legal provisions of law,which is also against the very spirit of Supreme Court,” the Sessions Courtsaid.
It added that trial court was required to follow the guidelinesenshrined in the law for registration of FIR by police.
“The revelations made from the report is of kind that SIT soconstituted has exonerated the person(s) against whom a suspicion has been putforth by complainant. Through alleged facts may turn to be false but at leastinvestigation was required to be got conducted after lodging of FIR as themandate of law requires for the same, which cannot be escaped (sic),” the courtsaid.
Whilereferring to the Supreme Court directions, the court said that registration ofFIR is mandatory under section 154 CrPC, if the information disclosescommission of a cognizable offence and no preliminary inquiry is permissible insuch situation.
“The order dated 6 March 2017 and 16 March 2018 are set aside withfurther direction to learned CJM to direct the concerned police station toregister FIR,” the court said.