Srinagar, Feb 2: The Chief Judicial Magistrate (CJM) would issue the order on the petition seeking registration of FIR into the killing of 13-yr old Wamiq Farooq, who died after being hit by a teargas shell in old city last year, on February 5.
 Complying with the court orders the police today submitted the case dairy in the killing before the CJM, who later listed the case for orders on February 5.
 The CJM said he had gone through the enquiry report submitted by the Special Judicial Mobile Magistrate, complaints and evidence produced in support thereof.
 “I will go through the case dairy and will pronounce the order on Feb 5,” the CJM said.
 Besides, the CJM asked the complainant’s counsel advocate Ajaz Ahmad Dar to assist the Court whether it can order further enquiry into the matter under section 156 (3) of CrPC.
 “It is revealed that an FIR has been registered by police regarding the same incident as reported by the accused which invariably was the police version of the incident. So before proceeding further it is deemed necessary I should go through the case diary of the case to arrive at a just conclusion,” the CJM said.
 However, Dar prayed for the inclusion of ‘offence under section 302 RPC’ in the inquiry report submitted by Special Mobile Magistrate Passenger tax Srinagar before the CJM.
 “The section 302 RPC should have been mentioned in the enquiry report because the murder offence has prima facie been made out by almost 10 eye witnesses,” advocate Dar prayed. 
 It may be recalled that on November 2 the CJM Srinagar had termed the case diary filed by the passenger court as inconclusive and directed it to furnish a complete report about the circumstances which led to the death of Wamiq.
 On December 7, the judicial enquiry conducted by Sub-Judge Passenger Tax, Masrat Shaheen established that teenage Wamiq Farooq died due to shelling by a police officer.
 Shaheen in his report had submitted before the CJM that on the evening of fateful day, a policeman from a ‘white Gypsy’ from Nowhatta police station had fired a tear smoke shell without any provocation on Wamiq, who was playing carom near Gani Memorial Stadium.
 Shaheen established through its enquiry report that the accused had committed offence punishable under Ranbir Penal Code.
 Wamiq of Rainawari was killed in January 2010, after he was hit by a teargas shell fired by police near Ghani Memorial stadium Rajouri Kadal, in old City Srinagar.
 Subsequently, the father of Wamiq, Farooq Ahmad had on February 11, 2010 moved an application through his counsel G N Shaheen before CJM Srinagar praying for registration of an FIR into the killing.

Lastupdate on : Wed, 2 Feb 2011 21:30:00 Makkah time
Lastupdate on : Wed, 2 Feb 2011 18:30:00 GMT
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