J&K Court Slams Police for Delay in FIR, Says They Owe Duty to Register Case

A 12-page ruling by Chief Judicial Magistrate Geeta Kumari has laid down a clear expectation for law enforcement in the wake of a high-profile case in Jammu and Kashmir's Reasi district. The court's verdict, issued last week, highlights the police's obligation to swiftly file a First Information Report and launch a thorough investigation following the discovery of a man's body hanging from a tree.

Despite receiving written complaints, the police were found to have fallen short in registering a complaint.

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As the case against the estranged wife unfolds, Chowdhary's client's brother is seeking justice for the June 24 death of his sibling, whose body was discovered hanging from a tree outside his estranged wife's family home. Despite receiving written complaints, the police have yet to file a case, sparking concerns over the investigation's progress.

"The object of these proceedings is merely to ascertain whether a person has died under suspicious circumstances, or an unnatural death and if so, what is the apparent cause of death," the CJM said. "The question regarding the details as to how the deceased was assaulted, or by whom, or under what circumstances is foreign to the ambit and scope of the proceedings under Section 174 CrPC," she added.

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The court also pointed out that the police's inquest proceedings have a "very limited scope" and that the police cannot examine allegations levelled by the applicant "as if the court is conducting a trial".

"Any step taken by the investigating officer pursuant to recording of such an information towards detection of the crime would be a part of investigation under the CrPC," the CJM said. The court directed the police to register an FIR in the matter, making it clear that they "owes a duty to promptly register an FIR and initiate investigation".