Jammu & Kashmir High Court
Shivalaya Construction Company Pvt. ... vs Union Territory Of Jammu & Kashmir on 25 October, 2024
Sr. No. 108
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
Case: WP(Crl) No. 72/2024
CM No. 6208/2024
Shivalaya Construction Company Pvt. Ltd.
Through its Authorized/Project Co-ordinator,
Mr. Surender Rana, Age 51 years,
S/o Sh. Dayanand,
R/o 37 Gali No.5, Khera Garhi Khera Kalan,
North West Delhi-110082. .... Petitioner(s)..
Through :- Mr. Satyam Arora, Advocate.
V/s
1. Union Territory of Jammu & Kashmir,
Through Commissioner Secretary to
Government, Home Department, Civil
Secretariat, Jammu.
2. Senior Superintendent of Police (SSP),
Samba.
3. Station House Officer (SHO),
Police Station, Vijaypur. ....Respondent(s)..
Through :-
Coram: HON'BLE MR. JUSTICE MOHD. YOUSUF WANI, JUDGE
ORDER
25.10.2024
(ORAL)
01. It is submitted by learned counsel for the petitioner that having regard to
the grievance of the petitioner, as agitated in the present petition, the matter can
be even taken up for final disposal at this threshold stage by passing of
appropriate directions upon the respondents in accordance with law.
02. The case of the petitioner in nut-shell, as projected in the instant petition,
is that petitioner-Company being a private construction company has been
allotted the construction work of 06 Lane of Vijaypur-Kunjwani Section of NH-
44 to Six Lane Expressway part of Delhi-Amritsar-Katra Expressway package
XVI by the National Highway Authority of India. That for the smooth and
proper execution of the contract, the petitioner-Company has a Site Office
building at K.C.Minerva College Building, Rahya Morh, Vijaypur, District
Samba. That on the intervening night of 27.09.2024 and 28.09.2024, an incident
allegedly resulting into death of one Jasbir Pal who was working as a security
guard with a private security company took place. That one of the security guard
of petitioner-Company namely, Sushil Hooda who was posted for night duty at
the office site of the Company has been accused of the murder of the
victim/deceased Jasbir Pal and allegedly the office site of the petitioner-
Company has been said to be place of occurrence. That respondent No.3 taking
cognizance of the aforesaid incident has registered an FIR bearing No. 128 dated
28.09.2024 under Sections 103, 140(2) and 127(3) of the BNS, 2023 and the
investigation has been set into motion.
03. That petitioner-Company has provided all the requisite details and other
essential documents for the purpose of the investigation of the aforesaid FIR, but
despite the respondents day-in and day-out are calling the employees of the
Company on their mobile numbers including its high ranking officials who have
least to do with the investigation, without issuing any notices/summons for
appearance. That the petitioner-Company is unable to execute the allotted
contract regarding the construction of Highway smoothly and effectively due to
the fact that each day the employees of the petitioner-Company are being called
telephonically and without issuance of any formal notices/summons, who are
under fear and unable to perform their duties smoothly. That the petitioner-
Company authorized one Mr. Surinder Rana (petitioner herein) for laisoning
with the respondent No.2, in connection with the investigation in the case FIR as
and when needed, a copy of which authority letter was furnished to the said
respondent No.2, who, however, is adamant in his behavior and has been
continuously calling the employees of the company on phone, thereby causing
loss to the company.
04. Learned counsel for the petitioner submitted that his Company has never
refused or shown reluctance to participate and cooperate in the investigation, but
the respondents are obliged under law to adhere to the provisions of code while
calling/summoning any of the employees of the company in connection with the
investigation in the case.
05. Having regard to the nature of the grievance projected in the petition, this
Court is of the opinion that the matter can be disposed of even at this threshold
stage by passing of an appropriate direction in accordance with law.
06. Accordingly, the instant petition is disposed of at this threshold stage with
a direction to the respondents to conduct the investigation in the case FIR in
question strictly in accordance with the procedure as established under the
Bharatiya Nagarik Suraksha Sanhita, 2023 ('BNSS', for short) without
subjecting the officers and officials of the petitioner-Company to any
unnecessary harassment. The petitioner-Company in case of the breach of this
order shall approach this Court through proper motion for further action under
law. Copies of this order shall be forwarded to the respondent Nos. 2 & 3.
07. Disposed of as above.
(Mohd. Yousuf Wani)
Judge
JAMMU :
25.10.2024
Pawan Chopra
i) Whether order/judgment is speaking : No
ii) Whether the order/judgment is reportable.: No
