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2025 DAILYLAW 5121 (JK)

HARBHAJAN SINGH v. UT OF J AND K TH COMMISSIONER SECRETARY TO GOVERNMENT HOME DEPARTMENT JAMMU AND OTHERS

CRM(M)/16/2025 · 2025-03-10

Sanjay Dhar

body2025

Judgment text

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Sr. No.01 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Case: CRM(M) No. 16/2025 Harbhajan Singh …Petitioner(s)/Appellant(s) Through: Mr. Sanjay Kumar, Advocate. V/s U.T of J&K and others …. Respondent(s) Through: CORAM: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE ORDER 10.03.2025 01. The petitioner has filed the instant petition primarily for seeking transfer of investigation of FIR No. 0169 dated 19.06.2024 for offences under Section 306 IPC registered with Police Station, Samba from local police to Central Bureau of Investigation or Crime Branch for conducting a detailed investigation in accordance with law. 02. Heard and considered. 03. Learned counsel for the petitioner, during the course of the arguments, has submitted that investigation is complete and charge sheet stands already filed before the Court of learned Additional Sessions Judge, Samba but the petitioner is not satisfied with the investigation of the case inasmuch as according to the petitioner it is a case of murder not a case of suicide. Learned counsel for the petitioner has also informed this Court that charges in the case are yet to be framed. 04. Having regard to the fact that investigation of the case as per the Investigating Agency, is complete and the charge sheet stands already laid before learned Additional Sessions Judge, Samba, it would be appropriate for the petitioner to approach the said Court by way of an application seeking further investigation of the case by the same agency or by some other agency or in the alternative seek an order for framing of the charges against the accused persons under Section 302 IPC. 05. Accordingly, the petition is disposed of with liberty to the petitioner to approach the Court of learned Additional Sessions Judge, Samba with an appropriate application. As and when such an application is made by the petitioner before the learned Additional Sessions Judge, Samba, the same shall be dealt with by the said Court in accordance with law most expeditiously and it shall be open to the petitioner to raise all the grounds which he has urged before this Court. 06. The petition stands ‘disposed of’. (SANJAY DHAR) JUDGE Jammu 10.03.2025 Renu Renu Bala 2025.03.11 11:08 I attest to the accuracy and integrity of this document