Judicial Magistrate Srinagar wherein police was directed to file an FIR against DySP in connection with killing of Tengpora youth.
SSP Srinagar Amit Kumar was directed by the Chief Judicial Magistrate (CJM) Srinagar Masarat Shaheen to implement the orders of CJM court dated July 18 and July 28, 2016.
On July 28, the court had directed SSP Srinagar to comply with the directions of court dated July 18 and file copy of FIR within 24 hours or to cause his personal appearance to show cause as to why action should not be taken against him.
The court also directed SSP to file statement of fact on 2/8/2016 and also comply the directions of the court which have been passed by CJM court on July 18 and July 28 and lodge the FIR and file the copy of FIR within 24 hours.
“Both orders passed by this Honorable Court were examined by the government and government has thought it advisable to assail both the orders i.e order dated July 18 and July 28 by way of filling petition under section 561-A CrPc before the Honorable High Court of J&K Srinagar and the requisite sanction has also been accorded bearing number 2282-LD (Acq) of 2016 dated 29/7/2016 issued by government of Jammu and Kashmir Department of Law, Justice and Parliamentary Affairs Civil Secretariat Srinagar,” the SSP who was present in person, told court.
“In view of the decision of the government to assail the orders passed by this honorable court, petition under section 561-A CrPc number 204/2016 dated, MP 01/2016. The petition was listed on 1/8/2016 before the Honorable High Court, the Honorable High Court heard the matter on behalf of the state and was pleased to adjourn the petition on the request of respondent/ caveter for today, i.e 2/8/2016 for further proceedings,” he added.
“In the view of above mentioned facts and circumstance, the non-applicant (SSP Srinagar) submits with respect the state has chosen to exercise a statutory remedy of filling petition under section 561-A CrPc before the Honorable High Court J&K and same is pending adjudication, as such the non-applicant has not violated the directions of this Honorable Court and not committed any disobedience of the orders of this Honorable Court,” he said.