Advocates:
['R P SHARMA', 'JATINDER CHOUDHARY', '', 'ABHINAV SHARMA']

Serial No. 54

HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT JAMMU

OWP No. 216/2004

Koshalya Devi

…Applicant(s)/Petitioner(s)

Through:-

<

None.

v/s

State of J&K and others

…Respondent(s)

Through:-

Mr. Jatinder Choudhary, Advocate

Coram: HON’BLE MR. JUSTICE VINOD CHATTERJI KOUL, JUDGE

ORDER

The following reliefs have been claimed by the petitioner in this

writ petition:-

(i)

issuance of direction of the nature of Mandamus directing the

registration of FIR against respondents 4 to 6 for commission of

offences under sec. 302 R.P.C. and handing over the investigation

to Crime Branch of J&K or CBI to bring out truth to deal with the

accused involved in the henious crime which lead to brutal killing

of brother of the petitioner.

(ii)

issuance of a direction of continuing Mandamus to keep the

Hon’ble Court informed of progress of investigation so that

monitoring of the court would ensure continuance of investigation

and its expeditious completion and filing of charge sheet in the

court of law as held in case of vineat Narain Vs. Union of India

reported in AIR 1998 SC 889;

2 OWP No. 216/2004

(iii) Issuance of an appropriate writ, order or direction to constitute a

body in Home Ministry for effective redressal of grievances of

public against in action and unfairness of police Department so

that there is effective monitoring of their functioning at the level of

Commissioner/Secretary, Home Department so as to advance the

cause of justice and to holster the fath of people in law enforcing

agencies much less the police department.

(iv)

Issuance of any other writ, direction or order which is just and

proper in the facts and circumstances of the case.”

It is stated by the petitioner that her brother, namely, Mela Ram

S/o Bindu R/o Treru, Tehsil Kalakote, District Rajouri was brutally killed by

respondents 4 to 6 on 24/25 December 2002 night at village Treru, Tehsil

Kalakote, District Rajouri. The copy of Rapat No. 11 Roznamcha dated

25.12.2002 of Police Station, Dharmsal has been kept on record. Pursuant to

the Rapat, post-mortem of the deceased was conducted on 26.12.2002. It is

further stated that the Police Station Dharamsal did not register FIR against

accused Nos. 4 to 6 despite the fact that the petitioner and eye witnesses

have narrated the incident of killing of deceased by accused persons. Hence

the writ petition.

Objections have been filed by the respondents, stating therein that

on 25.12.2002, Police Station, Dharamsal, received information from

reliable source that dead body of one Mela Ram alias Gillu was lying near a

spring in village, Treru. For conducting investigation and ascertaining fact

into the suspicious death of deceased Mela Ram, inquest proceedings were

initiated. As a first step in the inquiry proceedings, Sub Inspector, Raj

3 OWP No. 216/2004

Kumar the then SHO Police Station, Dharamsal accompanied with HC

Prithvi Raj visited the spot and prepared site plan of place, where dead body

of Mela Ram was found lying near a spring, some photographs were also

lifted as a matter of proof. After taking dead body into possession of police,

the post morterm was also got conducted. During the initial stage of inquiry

the statements of inhabitants of village Treru and close relations of deceased

Mela Ram were recorded, however, none of the witnesses including widow

and sister of deceased had suspected the involvement of any person in the

death of Mela Ram.

During the cu