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HC stays directions for FIR against DC

Record will be examined on next hearing

Srinagar, Nov 22 (KNS): In an important order J&K High Court has stayed the operation of order passed by a Judicial Magistrate in Shopian directing the police for registration of FIR against Deputy Commissioner in an alleged complaint of a person not resident of Shopian.
The Court stayed operation of such order passed by the Judicial Magistrate and also called the record, the order copy in possession with KNS.
The order was passed by Justice Ali Mohammad Magrey at the Srinagar bench of J&K High Court while hearing a petition against the order of Judicial Magistrate.
After hearing Adv A H Malik and Adv Z A Shah for petitioner and Adv Mubashir Ahmed and Adv B A Dar for respondents the Court directed that order passed by the judicial magistrate Shopian shall stay and record will be examined on next date of hearing.
The investigations in the case and powers of the lower court in the matter have also been stayed.
Pertinently, Judicial Magistrate on complaint of a political activist had directed the police for registration of FIR in the matter however the district administration in a strong statement had clarified that the contents of alleged complaint in the said court are far from reality and malafide.
The matter took further turn when the order passed by the Judicial Magistrate was challenged in the High Court as being beyond jurisdiction and alien to the legal procedure.
The appellant prayed before High Court that provisions of law have not been complied with and the order has been passed on the basis which is not even mentioned in the complaint and is in total disregard to the orders passed by Supreme and High Court of Jammu and Kashmir.
A copy of the order has been forwarded to Judicial Magistrate Shopian for information and compliance. (KNS)

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