JAMMU: The Chief Judicial Magistrate, Jammu, A.S. Langeh in a significant order has summoned Rahul Sharma, Incharge Police Post, Panjtirthi, Jammu in a criminal complaint lodged by a young lawyer u/s 323/342/352 and 506 IPC alleging wrongful confinement, assault and criminal intimidation.
Taking cognizance, the CJM, Jammu observed that having considered the sequence of allegations outlined in the complaint as also preliminary statement of the complainant and other relevant material annexed with the complaint, “I am of the considered opinion that there do exist sufficient grounds for proceeding further in the matter, for, the allegations prima facie constitute commission of offence/s under sections 323/342/352 and 506 IPC”.
Advocate Rohit Sharma appearing for the complainant who is a practising young lawyer submitted that on January 8th, 2022 at about 9:30 P.M. the complainant was returning from his office chamber towards his rented accommodation near Mubarak Mandi Complex and he was made to stop by I/C PP, Panjtirthi, Jammu and the said Sub Inspector alongwith his two associates misbehaved with the complainant and made him to pay fine to the tune of Rs.500/- and he was taken to P/P, Panjtirthi at 9:45 P.M. and was locked up and kept in illegal confinement till 1:35 A.M. in the night.
Further the I/C PP Rahul Sharma threatened him of slapping/foisting false cases under NDPS Act and other statutes and besides this the Police Officer not only used abusive language against him but also thrashed him with kicks and blows and he was released from illegal confinement only after the intervention of SHO, Police Station, Pacca Danga, Jammu and a colleague of complainant namely Mohd. Zulkarnain Chowdhary, Advocate.
Advocate Rohit Sharma, vehemently argued that the act of the accused I/C PP, Panjtirthi constitute offences under IPC and cannot be said to be the performance of the duties by the concerned Police Officials, as such, his acts do not attract protective umbrella of Section 197 CrPC as the accused Police Officer miserably failed to act in accordance with law and crossed the Lakshman Rekha thus exposing himself to the dragnet of law.
After considering the submissions of Advocate Rohit Sharma and also considering the allegations levelled in the complaint and the preliminary statement of the complainant and other relevant material annexed with the complaint, the Chief Judicial Magistrate, Jammu took cognizance of the complaint and summoned the accused I/C PP, Panjtirthi Rahul Sharma for appearance on February 5th, 2022.