FIR registered by Crime Branch against Poonch doctor

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[ May 03, 2017 ] Special Municipal Mobile Magistrate Jammu Mr M R Chak, has taken to task an Investigating Officer of the Crime Branch for its lackadaisical approach in investigating a serious case where the FIR was got lodged on the Orders of State Consumer Redressal Commission Jammu. The Court directed that in case the IO fails to produce the FSL report in the matter the IGP Crime Branch shall appear in person.The complainant Mr Abdul Subam S/o Abdul Ghani R/o Loran Poonch through Advocate Mr A K Sawhney, Mr Aseem Sawhney with Mr Utkash Pathania and Mr Shiv Dev Singh Thakur Advocates submitted before Court that they had filed an application for monitoring of the investigations but the Crime Branch from the last about one year is investigating the matter at a snail"s pace and FSL report is awaited since quite a long period which is unusual and smells foul.Mr Sawhney submitted that the State Commission- comprising of retired High Court Judge and a retd Distt Judge had directed lodging of an FIR against the respondent Dr. Vipan Banotra son of Niku Ram R/o Poonch and others involved in fabrication of records and perjury besides other offences in 2009.After two rounds from the Division Bench in 2013 to Full Bench of the J&K High Court, the matter was finally settled and the FIR no. 64/2015 dated 28.11.2015 was registered by Police Station Crime Branch Jammu under sections 193 465, 466,471 RPC read with section 5(2) of the Prevention of Corruption Act lodged by order of State Redressal Consumer Commission.This order of lodging of FIR was again challenged before the High Court and the High Court comprising of Justice Janak Raj Kotwal dismissed the writ petition in limni and there was no impediment in investigating the matter and causing arrest of the accused, but the Crime Branch for certain oblique motives has adopted a lackadaisical approach in the matter.It may be mentioned that the victim Abdul Shubam had filed a complaint before the State Commission for negligence by the said petitioner- doctor who had amputated his leg and while in the course of trail in the Court the doctor - petitioner produced forged and fabricated records of treatment. When the complainant through Mr Aseem Sawhney filed an application the Commission came to a definite conclusion that the fabrication of records and perjury had taken place and directed the I.G.P Crime Branch to register F.I.R. for perjury and using forged documents in the State Consumer Commission.This Order was appeared against before the Division Bench by the petitioner- doctor where the Division Bench modified the direction and directed that complaint can be filed by State Commission. While the State Commission was in the process of filing the complaint and instructions issued, in the meantime the matter reached the Full Bench and the Full Bench overruled the Judgment of Division Bench and upheld the contention (before DB) of Mr Aseem Sawhney Advocate for victim that the State Commission had the powers to get FIR registered.Thereafter in view of this change of law and judgment of Full Bench the State Commission directed the IGP Crime to register an FIR against the accused- doctor Vipan Banotra.The petitioner had challenged this FIR before the High Court again which was dismissed by the High Court.Sawhney, Advocate for the victim urged before the court that from decades the victim is fighting for justice. His leg has been amputated by the negligence of the Dr. Vipan Banotra and when Abdul Shubam filed the case before the J&K State Consumer Commission the forged documents were produced which were enquired by than Chairman Mr. Justice G. D. Sharma (Retd.) and member and State Commission delivered a detailed judgment directing the I.G.P Crime to register F.I.R. and conclude investigations in 4 weeks.