Court Says Allegations of Criminal Intimidation Ignored, Warns Strict Action for Non-Compliance
JAMMU, Aug 5 : A Jammu court has strongly reprimanded the Station House Officer (SHO) of Police Station Nagrota for failing to comply with its earlier directions for nearly two years and has ordered submission of a compliance report within 10 days, observing that the police ignored crucial allegations of criminal intimidation while conducting an inquiry.
The directions were issued by Special Mobile Magistrate (Passenger Tax) Jyoti Bhagat while disposing of an application filed by complainant Mohd Rafiq alias Nazir, who had sought a status report on the implementation of the court’s earlier order dated January 30, 2024, passed under Section 156(3) of the Code of Criminal Procedure (CrPC). Advocate M.A. Dar represented the complainant before the court.
According to the complaint, the accused had purchased livestock worth ₹2.12 lakh, paid ₹1 lakh through a cheque, but allegedly failed to clear the remaining ₹1.12 lakh despite repeated demands. The complainant further alleged that he was repeatedly abused and threatened whenever he sought payment of the outstanding amount.
In response, the Incharge Police Post Sidhra submitted an inquiry report claiming that the dispute was purely civil in nature and that no cognizable offence was disclosed.
However, after examining the record, the court observed that while the material did not prima facie establish the offence of cheating, as part payment had already been made and there was no evidence of dishonest intention at the beginning of the transaction, the complaint specifically contained allegations of criminal intimidation, which required legal action under the prescribed procedure for non-cognizable offences.
The Magistrate noted that the police failed to examine these allegations and also did not follow the procedure mandated under Section 155 of the CrPC. The court further pointed out that no statements of independent witnesses had been recorded during the inquiry.
Expressing serious concern over the delay, the court observed that despite its order being passed in January 2024, the police remained inactive for almost two years and initiated an inquiry only after being directed to submit a status report. The Magistrate also clarified that the court had never instructed the police to conduct such an inquiry.
Rejecting the police inquiry report, the court directed the SHO, Police Station Nagrota, to proceed strictly in accordance with law on the allegations contained in the complaint and submit a compliance report within 10 days.
The court also warned that any further failure or dereliction in complying with its directions would be viewed seriously and appropriate action would be taken in accordance with law.(KNC)
