The court emphasized the necessity of considering closure reports alongside ongoing trials to ensure justice, while clarifying procedural limitations on police directives.

ORDER :

1. Heard.

2. Notice.

3. Mr. Pawan Dev Singh, learned Dy. AG accepts notice on behalf of the respondent.

4. The case of the petitioner as projected in the instant petition filed under Section 482 of the Code of Criminal Procedure 1973 (hereinafter referred to as ‘Code’) is that an occurrence took place on 17.12.2011 in which she and her husband were attacked by some persons in furtherance of common object who upon trespass made an attempt to commit their murder; that the said accused persons managed to approach the concerned Police Station, i.e., Police Station, Satwari, Jammu and lodged a false and frivolous complaint against them which led to the registration of the FIR No. 215 of 2011; that they also approached the concerned Police Station Sr. No. 12 with a genuine complaint which led to the registration of case FIR No. 216 of 2011 under Sections 307, 447, 323, 149 RPC, 3/25 Arms Act.

5. It is submitted that the accused persons in case FIR No. 216/2011 somehow managed the closure of the case against them as not admitted, but the police concerned has already filed the final report/challan against them, i.e., petitioner and her husband in case FIR No. 215/2011 and the same is presently pending trial before the Court of learned 1st Additional Sessions Judge, Jammu. It is the grievance of the petitioner that the police concerned has illegally and unjustifiably closed the investigation in case FIR No. 216/2011 as not admitted.

6. However, at this stage, through the medium of the instant petition, the petitioner prays that the closure report in her case FIR No. 216/2011, which is likely to be presented by the Police concerned for the scrutiny of the Court may be also got filed in and perused by the same Court before which the final report/challan in case FIR No. 215/2011 is pending disposal so that justice can be done with her also as the learned court concerned may be able to appreciate the real facts of the case and to pass the appropriate orders on the closure report in accordance with the law.

7. This Court cannot direct the presentation of the final report for the scrutiny of the Court directly before the Court which is seized of the final report/challan in case FIR No. 215/2011 of the Police Station, Satwari, Jammu as the same is to be presented by the Police concerned in a competent court as per the law, especially the provisions of Sections 209, 193 of the Code. It is believed that charge report/challan in case FIR No. 215/2011 pending before the Court of learned Sessions Judge might have reached there pursuant to committal proceedings.

8. However, an appropriate order is to be passed to meet the ends of justice as prayed in the petition. Accordingly, the instant petition is disposed of at this threshold stage, with a direction to the Court, before which the final report of closure in case FIR No. 216/2011 registered with Police Station, Satwari, Jammu, will be presented for necessary action under law shall also peruse and consider the final report/challan already pending before the Court of learned 1st Additional Sessions Judge, Jammu so as to be in a position to pass appropriate orders in the ends of justice on the final closure report of case FIR, i.e., 216/2011. The concerned Court shall for perusal of the final police report/challan in case FIR No. 215/2011, call a scanned copy of the criminal case file from the learned trial court. The Court concerned shall also necessarily summon the complainant/petitioner herein of the case FIR No. 216/2011 of Police Station, Satwari before passing appropriate orders under law on the same.

9. A copy of this order is directed to be forwarded to the SHO Police Station, Satwari, Jammu, who shall place the same on the closure report of case FIR No. 216/2011 as an integral part thereof.

10. Disposed of.