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Judgment
The instant writ petition has been filed seeking the following reliefs:-
“Mandamus:-
1) Commanding the respondent No. 1 and 2 to constitute a Special Investigating Team (STI) of the Officers of High Integrity to investigate the
case FIR No. 306/2017 dated 17.12.2017 registered at Police Station, Surankote District Poonch under Sections 420,467,468 RPC or in the alternative
handover the investigation of said FIR No. 306/2017 dated 17.12.2017 to premier Investigating Agency like Crime Branch (CB) so that the
investigation in the aforesaid FIR be done in fairer/transparent manner and the accused will be dealt in accordance with the provisions of law.
2) Commanding the respondents to provide adequate security cover to the petitioner and also to her other family members as the accused person in
FIR No. 306/2017 dated 17.12.2017 as well as respondent No. 5 are continuously harassing the petitioner and her family members and are
pressurizing the petitioner not to pursue the said FIR otherwise the petitioner and her family members will face dire consequences.Â
3) Commanding the respondents/SIT (as the case may be) to file periodical status report for the judicial scrutiny of this Hon’ble Court in FIR No.
306/2017 dated 17.12.2017 with a further prayer before this Hon’ble Court to monitor the investigation in the aforementioned FIR in view of the
peculiar facts and circumstances of the present case.â€
The petitioner claims to be an Associate Professor presently posted in Govt. Degree College, Surankote. It is stated that respondent No. 5 who is
the employee of Police Department and claims to be the paternal uncle of one Mehmood Ahmed approached the father of the petitioner with an offer
to marry the petitioner with aforementioned Mehmood Ahmed, which was rejected by the father of the petitioner.
Learned counsel for the petitioner states that proposal of marriage rejected by the father of the petitioner was not taken in good taste by the
respondent No,. 5 and he started issuing threats to get petitioner forcibly married with an intention to grab the entire property of the petitioner as the
petitioner is the only issue of her parents and, accordingly, the respondent No. 5 and other hatched a conspiracy and have drafted and thereafter
executed a false, frivolous, fake and fabricated marriage agreement, whereby the signatures of the petitioner were forged. It is further stated that
when the petitioner enquired with regard to the formation of the aforesaid agreement, the said Mehmood Ahmed, respondent No. 5 had threatened the
father of the petitioner that they will kidnap the petitioner.Â
It is further stated that with regard to the threat perception, the father of the petitioner filed a representation dated 04.12.2017 to the Senior
Superintendent of Police, Poonch, who on  04.12.2017 directed respondent No. 4 to call the accused persons including respondent No. 5 so as to
ascertain the truth and report compliance on priority. Thereafter, petitioner, her father and her paternal uncle, namely, Mohmmamad Azam made
number of visits to the Police Station, Surankote with a request to take the appropriate action against the accused persons by registering a formal FIR
against them and when nothing was done for a considerable time the petitioner on 16.12.2017Â filed an application under Section 156(3) CrPC before
the Court of Learned Chief Judicial Magistrate, Poonch. The Chief Judicial Magistrate, Poonch on 16.12.2017 directed the respondent No. 2 to take
necessary action under law. It is stated that after issuance of the aforesaid order, FIR No. 306/2017 dated 17.12.2017 under Sections 420,467,468
RPC came to be registered against the accused persons. It is stated that instead of investigating the aforesaid FIR, a false and frivolous FIR No.
44/2018 has been registered against the petitoiner at Police Station, Surankote under Sections 456/147, 382/323 RPC on the instance of respondent
No. 5 in order to harass and to pressurize the petitioner and her father not to pursue FIR No. 306/2017.
During the course of the arguments, learned counsel for the petitioner states that the petitioner would be satisfied, if respondent No. 3- Senior
Superintendent of Police, Poonch is directed to conclude the investigation in FIR No. 306 dated 17.12.2017 within some time bound manner. To
this, other side is not averse. There is no legal impediment in granting such relief.
In view of the aforesaid submissions made by learned counsel for the petitioner and in the facts of the case, the instant writ petition is disposed of
with the direction to Respondent No. 3-Senior Superintendent of Police, Poonch to direct the Investigating Officer to conclude the investigation in FIR
No. 306/2017 dated 17.12.2017 registered at Police Station Surankote District Poonch expeditiously, preferably within a period of eight weeks.Â
Writ petition is disposed of as above.