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High Court of Jammu and Kashmir · body

2018 DAILYLAW 1063 (JK)

MANDLI J AND K SURYA GRAM VIKAS SAMITI v. STATE TH.HOME DEPTT.AND ORS.

OWP/1776/2018 · 2026-02-17

Ma Chowdhary

body2018

Judgment text

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU OWP No. 1776/2018 Mandli J&K Surya Gram Vikas Samiti …..Appellant(s)/Petitioner(s) Through: Mr. Rajveer Singh Isher, Advocate vice Mr. K Nirmal Kotwal, Sr. Advocate vs State of J&K & Ors. .…. Respondent(s) Through: Ms. Monika Kohli, Sr. AAG CORAM: HON’BLE MR. JUSTICE M A CHOWDHARY, JUDGE ORDER (17.02.2026) 01. Petitioner, through medium of this petition seeks appropriate order/direction to respondent Nos. 1 to 6 to perform their statutory duties to conclude the investigation of FIR No. 0137 dated 02.08.2018 registered at police station Bari Brahamana in fair and transparent manner against respondent No. 7 by constituting a Special Investigation Team (SIT) of officers. The petitioner is the complainant in the case. 02. Learned counsel for the respondents submits that investigation of the case as prayed for by the petitioner has been concluded in the case registered vide FIR No. 0137 dated 02.08.2018 for the commission of offences punishable under Sections 420, 409, 120-B of RPC and Section 6, 15 & 16 of Forest Act; that upon completion of investigation, the allegations made in the FIR were not substantiated and the case was found to be not proved. Accordingly, the investigation was closed and a closure report Serial No. 08 2 was submitted before the Court of learned Judicial Magistrate (Additional Munsiff), Samba, on 30.11.2023. 03. In view of the fact that the investigation of the case, for which the petitioner had sought a direction for fair and transparent investigation by constituting an Special Investigation Team (SIT) has already been concluded and the closure report has been filed before the competent Court, no further investigation is warranted at this stage in these proceedings. 04. Accordingly, the petition is disposed of. 05. The petitioner/complainant however shall be at liberty to avail further legal remedy. (M A CHOWDHARY) JUDGE Jammu 17.02.2026 Amit