STATE TIMES NEWS
JAMMU: In the much publicised robbery of ATM at Nanak Nagar in which Rs 40,17,090 was involved, police presented challan in the Court under section 512 CrPC, Special Excise Magistrate Jammu Amarjeet Singh Langeh returned the challan as Court rejected the prayer of the investigation agency for proceeding against the accused under Section 512 CrPC, as it is misconceived.
While returning the Challan, Special Excise Magistrate Jammu Amarjeet Singh Langeh observed that the allegations against the accused are that they committed theft of ATM along with cash amounting to Rs 40,17,090 at PNB Nanak Nagar to which 332/2013 FIR was registered. After completion of the investigation Challan was presented with the prayer that the presence of the accused could not be procured nor there is any likelihood thereof, presented the Challan with the accused.
Court observed that the record indicates that all the nine accused belong to Jammu, Samba and Doda Districts and after examination of the constable, Court observed that they searched accused under the orders of SHO concerned within territorial limits of police station Gandhi Nagar Jammu and there is nothing on record which could indicate that the investigation officer ever obtained warrants from the competent court of law for arrest of the accused before presenting the Challan. Nor there is any material on record in the light of what is apparent that investigating officer ever made any effort to seek cancellation of bail of the accused or took any other substantial steps to produce accused along with challan.
Court further observed that I/C Police Station cannot waive an exercise that he is mandated to undertake in terms of Rule 635 of Police Rules and relevant provisions of Police Act and something on record must give scent of actions taken by the investigating agency particularly when accused stand enlarged on bail. Court further observed that feasibility of presentation of Challan against proclaimed offenders in absentia cannot be taken as pretext to waive statutory obligation that Rule 635 of Police Rules enjoins upon a police officer more particularly on an In charge of police station at least. With these observations Court returned the Challan with the direction to SSP Jammu to constitute a Special Team of officers so as to apprehend the accused in order to put them on trial. JNF
