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2001 Supreme(J&K) 87

R.C.GANDHI, O.P.SHARMA
State Of J. &K. – Appellant
Versus
Safdar Ali – Respondent


Advocates Appeared:
Advocate For Appellant: Hafiz-ul-Rehman
Advocate For Respondent: M.L. Thusoo

JUDGMENT: - The only question involved for consideration is whether there ought to be a reasonable connection or nexus between the alleged act and the duty or authority imposed upon a Police Officer in order to attract the application of Rule 349 of the Police Rules, 1960.

2. How the question has arisen will be revealed by the following facts. On January 4, 1990 one Sher Singh was arrested by the Officer-Incharge of police station, Marwah Tehsll Kishtwar for interrogation in a murder case (FIR No. 13 of 1989 under S. 302, RPC). He died on 15-1-1990 while in custody. His father Sh. Jal Ram complained to Superintendent of Police, Doda, that he died in Police Custody due to police torture. The investigation of the case was entrusted to Crime Branch, on whose finding the Director General of Police Sh. J. N. Sexena vide letter dated 10-8-1991 approached the Government for grant of sanction to the prosecution of the accused in terms of S. 197 of the Code of Criminal Procedure. The investigation according to the above reference has revelled the following facts: -

"(a) The S. P. Doda, vide his order dated December 8, 1989 constituted a team of 19 officials headed by Shri Abdul Latif, Dy. SP




































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