JAMMU: Judicial Magistrate Sub-Judge Jammu Pawan Kumar Sharma has issued directions for removal of Investigating Officer (IO) in a case registered against a couple under different sections of RPC.
The IO Abid Hussain Rafiqi produced the accused namely Harmohinder Singh and his wife Gurpreet Kour before the court seeking their police remand for 10 days. During the course of hearing, Harmohinder Singh submitted that he has paid Rs 15 lakh by virtue of a cheque to the complainant in police station on March 19, 2021 as he has reached an agreement with the complainant. He further submitted that all this happened in presence of Investigating Officer of the case.
However, the IO submitted that accused has not made payment in his presence. On the other side, Advocate Tarun Jamwal representing the complainant admitted the fact that the complainant received Rs 15 lakh cheque from Harmohinder Singh in custody. “There are very serious allegations against the IO of the case. On one hand, he is filing an application seeking a police remand against the accused and on the other hand he is acting as a module for extraction of money from the accused that too during the custody”, the court said, adding “accused has been in police custody since March 17, 2021 and was in control of the IO for 24 hours.
If at all any money was extracted from the accused during custody, it is not only a dereliction of duty on behalf of IO attracting serious punishment both disciplinary as well as otherwise provided under law but also against all cannons of fairness and justice”. Stating that Crime Branch is a special investigating agency dealing with high profile cases, the court said, “the officers of Crime Branch cannot be permitted to make underhand deals between the accused and other parties in connivance with the IO which apparently is the case in hand”. While remanding the accused to police custody for three days, the court issued directions for immediate removal of IO of the case and handing over the investigation to some officer of integrity.
“The matter shall also be brought to the notice of IGP Crime Branch so that appropriate action against the IO is taken as permissible under law”, the court added.
