HC dismisses plea to quash order to lodge FIR against DSP

The Jammu and Kashmir High Court today dismissed a petition filed by the state seeking quashing of an order of the Chief Judicial Magistrate, Srinagar to lodge an FIR against a senior police officer and other personnel for the alleged killing of a youth in Tengpora area of the city last month.
Justice Mohammad Yaqoob Mir dismissed the petition filed under section 561A, CrPC with a direction to the CJM to proceed as per law.
CJM, Srinagar Masarat Shaheen had on July 18 and July 29 directed Srinagar SSP Amit Kumar to file an FIR against DSP Yasir Qadri and other police personnel for the killing of Shabir Ahmad Mir at his residence on July 10.

The Chief Prosecuting Officer, appearing on behalf of the police, contended before the court that as an FIR was already lodged in connection with the incident, another one could not be filed.
The court rejected his contention, saying the FIR registered by the police was for a different occurence and not for the killing of Mir.
After the SSP failed to comply with the order, the CJM issued a non-bailable warrant against him and he was produced before the court in custody on Monday by DIG, Central Kashmir and released on bail.

As per an application filed before the CJM by Abdul Rehman Mir, the father of the deceased, Qadri and other police personnel entered his house at Tengpora in Batamaloo at around 6.45 pm on July 10.

"I, along with the family members, was watching TV and the police party, headed by Qadri, forcibly entered my house and started smashing windows and doors," Mir alleged in the application.
"My wife tried to stop the police officer. But, he was infuriated at this and started assaulting us and hurling invectives at my wife. My son Shabir Ahmad Mir could not bear the beating of his parents and tried to rescue his mother from the clutches of the officer and the other police personnel. At this, the officer flew into a rage and started beating up my son," he stated.

"Thereafter, he fired two shots at my son with his pistol from point-blank range. He died on spot," he alleged.