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J&K: Fast Track Court questions Investigating Officer for vague, incomplete charge sheet


J&K: Fast Track Court questions Investigating Officer for vague, incomplete charge sheet

JAMMU, Nov 7: Presiding Officer Fast Track Court Jammu Amarjeet Singh Langeh has strongly reprimanded the Investigating Officer of Police Station Gandhi Nagar for filing what it termed a vague and incomplete charge sheet in a sexual assault case arising out of FIR No. 91/2025, registered under Section 64 of the Bharatiya Nyaya Sanhita (BNS).

The case, titled State through SHO P/S Gandhi Nagar, Jammu Vs Sanjeev Arora, came up on Friday before Presiding Officer Amarjeet Singh Langeh for arguments on charge.

The accused Sanjeev Arora, son of Late Chaman Lal, resident of 46-F, Sanjay Chowk, Shastri Nagar, Jammu, was present in person, represented by Advocate Vilakshan Singh, while the State was represented by APP Rohini Manhas.

The court noted that the prosecutrix has leveled serious allegations against the accused, including outraging of modesty, hurling threats, criminal intimidation, wrongful confinement and rape.

However, despite the gravity of the allegations, the charge sheet does not clearly spell out which specific offences, according to the IO, stand substantiated upon conclusion of the investigation. Referring to Section 193 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), the court observed that the IO is under a statutory obligation to clearly delineate in the final report what offences are found established.

In the present case, this mandate has not been complied with, the Presiding Officer recorded. The court further pointed out that the very language of the challan including phrases such as “investigation conducted till date” before stating that the challan is being produced creates an impression that the report is not a clear culmination of the investigation, but an ambiguous and incomplete exercise.

Coming down on the supervisory role as well, the Judge remarked that the Sub Divisional Police Officer, City South, Jammu, had accorded approval to the challan in a purely mechanical manner, without ensuring the necessary clarity regarding the specific penal provisions attracted by the allegations.

The order also records that there is nothing on the file to show whether the final report was placed before the Deputy Director of Prosecution concerned for scrutiny, as required under Section 20(8) of the BNSS.

The omission, the court indicated, reflects poorly on the manner in which the case has been handled.

In this background, the Fast Track Court has directed the Investigating Officer to file a detailed statement clearly specifying the exact offences which, according to his investigation, stand substantiated against the accused as reflected in the present charge sheet.

A copy of the order has also been directed to be sent to the Senior Superintendent of Police Jammu for his indulgence, besides being transmitted to the IO through the prosecution branch.

The court observed that the clarification to be furnished by the IO would materially assist in proceeding further with arguments on charge in the matter.

 

 


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