Aman Preet Singh v. Ut of J and K Th. Principal Secretary to Government Home Department, Jammu and Others

ORDER

14.07.2026

¶01Heard the petitioner, who appeared through virtual mode, at length, and perused the material available on record.

¶02The grievance projected by the petitioner is that the respondent-Police Agency is not conducting the investigation in accordance with law. It is submitted that subsequent to the registration of the FIR, the petitioner has procured certain documents which, according to him, establish that the accused named in the FIR has continued to indulge in the alleged illegal acts. It is further contended that despite these documents having been brought to the notice of the Investigating Officer as well as the superior police authorities, including the Deputy Inspector General of Police, no effective action has been taken.

¶03It is further argued that one of the offences alleged against the accused is punishable under Section 467 IPC, which prescribes imprisonment Serial No. 150

extending up to ten years, yet no effective steps have been taken by the Investigating Agency to arrest the accused.

¶04Having considered the submissions advanced and perused the record, this Court finds that the principal grievance of the petitioner relates to the non-arrest of the accused. However, the question as to whether the arrest of an accused is warranted during the course of investigation is a matter falling within the domain of the Investigating Agency, to be determined on the facts and circumstances of the case and in accordance with law. This Court cannot issue a direction for arrest merely because the alleged offence carries a severe punishment.

¶05It is, however, noticed that the petitioner has already submitted a representation dated 29.04.2026 before the Senior Superintendent of Police, Jammu, seeking supervisory intervention in the investigation and has also placed on record certain documents which, according to the petitioner, reveal fabrication and other incriminating circumstances requiring consideration during the investigation.

¶06In view of the aforesaid, the present petition is disposed of by directing the Senior Superintendent of Police, Jammu, to treat this petition along with the representation dated 29.04.2026 as a representation of the petitioner and to examine the grievances raised therein. The Senior Superintendent of Police, Jammu, being the supervisory officer, shall ensure that the investigation is conducted strictly in accordance with law. The documents which the petitioner seeks to rely upon and has already placed before the

Investigating Officer, or may place before him, shall also be duly considered during the course of investigation.

¶07The petitioner shall furnish a copy of this petition along with all relevant documents before the Senior Superintendent of Police, Jammu, within one week from today.

¶08With the above directions, the writ petition, along with the connected application(s), stands disposed of.

(Sanjay Parihar)

Judge

Jammu

14.07.2026 Renu

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(Crl) No. 62/2026 CM No. 4415/2026 Aman Preet Singh …..Appellant(s)/Petitioner(s) Through: Petitioner in person. (through virtual mode) vs U.T of J&K & Ors. .…. Respondent(s) Through: Ms. Chetna Manhas, Assisting counsel vice Mrs. Monika Kohli, Sr. AAG. CORAM: HON'BLE MR. JUSTICE SANJAY PARIHAR, JUDGE