Police refuse to lodge FIR as man beats his wife after she files ‘Domestic Violence Case’

Jammu: Khaki came under scanner after a woman leveled serious allegations of police’s bias attitude towards her to entertain her complaint of beating by her husband .
The incident took place in Janipur area. Sweta Saini, the complainant, knocked the door of court and stated that she was beaten by her husband after she filed a domestic violence case against him, but police did not entertain her complaint even though she approached Station House Officer, Janipur and even SSP Jammu several times.
However, taking cognizance of the complaint, the court had directed SHO Janipur to lodge a case and investigate the matter. Later following court’s direction Police has lodged a case vide FIR NO.134/2022 at Police Station, Janipur.
Showing the receipt of complaint lodged to Superintendent of Jammu (S.S.P) on dated 10/10/2022 ,the the victim said that the complaint was filed in accordance with the legal procedures outlined in S154(1) and S154(3), but no action was taken by the relevant authorities, leaving her with no choice but to seek justice from the court. In her prayer she sought direction to the officer-in-charge police station Janipur, Jammu to register F.I.R under section 441,308,323,352,443,506,509 against her husband namely Sohail Khan S/o Aslam Khan R/o C-10, Yamuna Vihar, New Delhi.
The counsel of the complainants Sandeep Saini and Sweta Saini said, “The instant complaint came to be presented in this court after having been transferred from the court of Ld CJM, Jammu. Let the same be entered and diarized in the register concern. Consequent upon the filing of instant application, ATR from the concerned Police Station called but the concerned SHO has not filed the ATR. The applicant by dint of present application has prayed for a direction under section 156(3) Cr PC seeking direction to register u/s 156(3) Cr PC against accused. The application has been made on the grounds that the accused is the brother in law of the complainant Sandeep Saini and the husband of complainant Sweta Saini. It is pertinent to mention here that the complainant no. 2 ( Sweta Saini) has filed a DV complaint that is currently pending before the Court of Excise Magistrate, Jammu. The complainant is presently living with her family i.e. with brother, mother and her minor son at Basant Nagar, Janipur, Jammu after the incident of domestic violence by her husband Sohail Khan. That when the accused person came to know about the Domestic violence complaint, he lost his composure, became irritated and in order to vent his frustration, he went to his in-laws residence on 12.09.2022 wherein complaint is presently residing and started abusing his wife and then viciously beat her . She sustained major injuries and had bruises on her thighs, neck and abdomen in addition to this Sweta’s brother also sustained minor injuries and bruises. The complainant approached the SHO concerned but got nothing. Then the complainants had sent the complaint through registered post to SHO Janipur P/S Jammu on dated 19.09.2022 but no action has been taken. Then complainants were compelled to approach the SSP Jammu for necessary action but no action has been taken till date".
Listening the complainant and after going through the content of the complaint , the court said,“ I have heard Ld Counsel for the applicant and perused the application and the record annexed with the application. As per the material available on record, the complainants have complied section 154 Cr PC as the application was given to the SHO P/S Janipur, Jammu. Despite of this, no action has been taken which speaks the volume of height of negligence on the part of the police, however, SHO P/S Janipur, Jammu is directed to investigate the matter in the light of Hon'ble Supreme Court Judgment in Lalita Kumari Vs Govt. of UP and Ors. And in case during the course of investigation, it comes to the fore that there is commission of cognizable offence then SHO P/S Janipur, Jammu shall register the FIR under relevant provision of law. 6. The Criminal clerk shall deliver a copy of this order along with copy of complaint and annexures to SHO P/S Janipur, Jammu for compliance. Disposed off accordingly”, court said.

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