Mohd. Tufail @APPELLANT@Hash State Of Jammu & Kashmir And Ors

The instant writ petition has been filed seeking the following reliefs:-

“1. Mandamus directing the respondents No. 1 &2 for entrusting the investigation of FIR No. 111/2018 dated 08/03/2018 under Sections 427, 336,

452, 323, 147, 506 & 504 RPC registered by Police Station Rajouri to any other officer or constituting a SIT by withdrawing the investigation from the

respondent No. 4 who deliberately weakening the case and conducting the investigation in partial and biased manner in order to benefitting the

accused persons.

Further directing the respondents no. 1 to 3 for conducting the investigation in fair & impartial manner and adding the section 307 RPC in the

present case.

Further directing the respondents no. 1 & 3 for taking the appropriate action against the respondent no. 4 under the relevant provision of law for

dereliction in duty and giving the undue benefit to accused persons in FIR no. 111/2018 dated 08/03/2018 registered by Police Station Rajouri.â€​

In the instant writ petition, the grievance projected by the petitioner is that on 08.03.2018 around 9.20 a.m accused persons mentioned in para 2

of the writ petition entered inside the house of the petitioner with intention to kill him started beating him with Kick, fist, stick and sharp edge

weapon. Petitioner and his mother were severally injured and on approaching the neighbored petitioner was got escaped from the clutches of the

accused persons. Petitioner remained admit in the hospital from 08.03.2018 to 16.03.2018, however after treatment his mother was discharged from

the hospital on the same day. It is stated that brother of the petitioner, namely, Iftikhar Ahmed approached the concerned police station for lodging

FIR against the accused persons. FIR No. 111/2018 dated 08.03.2018 under Sections 307/427, 336, 452, 323, 147, 506 & 504 RPC was registered by

Police Station, Rajouri. It is stated that later on under the influence of the accused persons Section 307 was dropped.Â

The learned counsel for the petitioner states that the investigation in the aforesaid FIR was entrusted to respondent No. 4-Ghulam Hussain (I.O)

ASI, Police Station, Rajouri who started pressuring the petitioner for compromising with the accused persons. It is stated that after discharging from

the Hospital , petitioner approached the Respondent No. 2 and verbally requested him about the biased and partial manner in which the respondent no.

4 is conducting the investigation in the matter and prayed for handing over the investigation to some other officer, but till date his prayer has not been

considered.Â

During the course of the arguments, learned counsel for the petitioner states that the petitioner would be satisfied, if he is permitted to file an

application before Senior Superintendent of Police, Rajouri for transfer of investigation in FIR No. 111/2018 to another Investigating Officer. 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

by giving liberty to the petitioner to file an application before Respondent No. 2-Senior Superintendent of Police, Rajouri. On such application being

filed, Respondent No. 2-Senior Superintendent of Police, Rajouri shall consider the same and dispose of the same within a period of 10 days from the

date of receipt of certified copy of this order.

With the aforementioned observations, the writ petition is disposed of along with connected MP.