8-Month-Old Bandipora Murder Case | Court orders Police to file FIR, take action against SHO for inaction

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The Court of Judicial Magistrate Bandipora Monday directed the Police to register an FIR into an eight-month-old murder case and sought action against the concerned Station House Officer (SHO) for inaction.

The Court of Judicial Magistrate Bandipora, Iqbal Ahmad Akhoon asked Police to thoroughly investigate the murder case of Larwalpora village of north Kashmir’s Bandipora district.

The court also sought departmental action against the SHO for inaction.

The five-page order was passed after Shaheena Begum, the applicant and wife of late Waseem Ahmad Mallah of Larwalpora, Bandipora through her counsels A R Khan and Aadil Manzoor sought the direction of the court to the concerned Police agency under Section 156 (3) of CrPC for investigation and registration of FIR against Bilal Ahmad Dar, Mushtaq Ahmad Dar and Showkat Ahmad Dar, all residents of Larwalpora.

Begum sought action against the three on the grounds that they had abducted her husband on March 6, 2020 night and killed him because of personal animosity.

She told the court that after her husband’s killing, the concerned SHO was trying to influence her to amicably sort out the issue with the three accused.

Begum told the court that she produced the witnesses and evidence in support of her complaint to the concerned SHO but he categorically refused to record her statements.

“So, the concerned SHO has not only violated the law but also bypassed the provisions of the procedural law,” the court said.

Begum’s counsels told the court that the accused threatened her of killing her and her family members if she did not withdraw the complaint against them lodged at Police Station, Bandipora.

Begum told the court that when she approached the SHO concerned with the request that she was not safe, the SHO, who was bound to take action and arrest the accused persons, did not pay any heed towards her requests.

“After noticing the SHO’s conduct, the applicant approached SSP Bandipora and Deputy Commissioner Bandipora and sought direction from them to the SHO for lodging the FIR,” she told the court. “After this, the concerned SHO started wasting time on the pretext of collecting evidence to exonerate the accused.”

Listening to the applicant’s statement, the court said, “The applicant took all required necessary steps before coming to this court. Aggrieved of inaction of the SHO, the applicant approached his superior officers and even the Deputy Commissioner Bandipora for registration the FIR but none of them bothered to take lawful action in light of the allegations raised by her.”

The court said that besides the accused, Police had also allegedly committed a cognizable crime for refusing to entertain the complaint and register the FIR.

“In view of Section 156 (3) of CrPC, the matter is directed to be referred to SSP, Bandipora with the directions of ensuring that an FIR is registered in the matter in the concerned Police Station against the accused and all others who are found to have abetted, aided and facilitated the commission of a crime irrespective of their rank, position or social status,” the court directed.

The court also directed the Police to ensure that an appropriate investigation is done in the matter in a fair manner by a competent professional and impartial officer without unnecessary delay.

“Keeping the seriousness of allegations of the applicant and the inaction of the concerned SHO and other police agencies in view, the Director General of Police should initiate an appropriate departmental action against the concerned subordinate officers under the law to ensure that the faith and confidence of the public in the Police department is not lost,” the court directed.