SANT RAM v. UT OF J AND K TH COMMISSIONER SECRETARY TO GOVERNMENT HOME DEPARTMENT JAMMU AND OTHERS
WP(Crl)/15/2025 · 2025-04-07
Sanjay Dhar
Writ Petition (Criminal)body2025
DailyLaw.ai
[ 2025 DAILYLAW 2896 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 2896 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
WP(Crl) No. 15/2025 CM NO. 1998/2025
Sant Ram
…..Appellant(s)/Petitioner(s)
Through: Mr. Vikram Sharma, Sr. Advocate with Mr. Sachin Dev Singh, Advocate.
vs
UT of J&K and others .…. Respondent(s)
Through: Ms. Monika Kohli, Sr. AAG.
Coram: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE
ORDER 07.04.2025
ORAL
1. The petitioner, through the medium of present writ petition, has sought a direction upon the respondent No. 2 retraining him from harassing and humiliating the petitioner in connection with the investigation of FIR No. 8/2024 registered with Police Station, ACB, Jammu. 2. It has been submitted that the petitioner received notice bearing No. SSP/SG/FIR-08/2024/ACBJ-6740 dated 27.11.2024 from the respondent No. 2, whereby he was asked to attend the office of said respondent on 30.11.2024 in connection with investigation of FIR No. 8/2024 of Police Station ACB, Jammu. It has been submitted that the aforesaid FIR has been registered against one Chanchal Singh alleging commission of offences under Sections 13(1)(b) read with Section 13(2) of Prevention of Corruption Act, 1988. It has been submitted that on account of his ailment, the petitioner could not attend office of Serial No. 3
2 WP(Crl) No. 15/2025
respondent No. 2 on 30.11.2024 but he attended the said office only on 02.12.2024, on which date he was insulted, harassed and humiliated by the Investigating Officer. It has been submitted that the petitioner was made to sit in the office up to 6.00 P.M. in the evening even though the petitioner is not the accused in the case. 3. The petitioner has further submitted that he is suffering from terminal ailment “Lymphoma and Thymic Malignancy with Metastasis” and is under constant observation and treatment of the Doctors in Dayanand Medical College and Hospital, Ludhiana. It has been submitted that even though the petitioner furnished copy of medical record, but no heed was paid to the same by the respondents and another notice was issued by the respondents asking the petitioner to appear on
12.03.2025. It has been submitted that the petitioner asked the respondents not to summon him repeatedly, but the respondents are pressurising the petitioner to make a statement of their choice, which the petitioner is not prepared to make, because of the actual facts being contrary to what has been proposed by the respondents. 4. Issue notice to the respondents. 5. Ms. Monika Kohli, learned Senior AAG accepts notice on behalf of the respondents. 6.
Having regard to the limited nature of the relief that is being sought by the petitioner, who is being summoned by the respondents as a witness in connection with the investigation of FIR No. 8/2024 registered with Police Station, ACB, Jammu, the petition can be disposed of at this stage by extending appropriate directions upon the respondents. 3 WP(Crl) No. 15/2025
7. Accordingly, the instant petition is disposed of with a direction to the respondents not to take any coercive action against the petitioner and not to extract his statement under coercion. The respondents shall, while summoning the petitioner, take into account the fact that he is suffering from terminal ailment and they would avoid detaining him for long periods of time, provided the petitioner cooperates with the Investigating Agency. 8. The petitioner stands disposed of along with the connected application. 9. A copy of this order be sent to the respondents for information. (SANJAY DHAR)
JUDGE
Jammu 07.04.2025 Sahil Padha
Whether the order is speaking: Yes/No.
Whether the order is reportable: Yes/No. Sahil Padha 2025.04.08 21:34 I attest to the accuracy and integrity of this document