Once superior officer orders closure of case, officer inferior in rank cannot flout order, direct re-investigation: Jammu & Kashmir High Court

The Jammu and Kashmir High Court recently ruled that once a superior officer of police has approved the closure of a case as 'Not Admitted', it is not open to an officer who is inferior in rank to flout the order of the superior and direct re-investigation in the case (Ajeet Chopra V/s Union Territory of Jammu and Kashmir and others)..That would amount to abuse of process of law and also smack of insubordination, a single-bench of Justice Sanjay Dhar ruled. .The Court, therefore, quashed the order issued by Superintendent of Police, City South, Jammu who had ordered re-investigation in a case already closed by his superior, Senior Superintendent of Police, Jammu as 'Not Admitted'.."The course adopted by officer of police inferior in rank in this case not only amounts to abuse of process of law but it also smacks of insubordination. The impugned order passed by the police office inferior in rank is, therefore, not sustainable in law and as such, the same deserves to be quashed," the High Court order said. If it all there was any scope for re-investigation of the case, the officer of police inferior in rank could have placed his opinion before his superior officer instead of taking it upon himself and directing further re-investigation of the case, the Court added. .The order was passed on a petition filed by one Ajeet Chopra who was accused of 'theft in dwelling house' under Section 380 of the Indian Penal Code. .The only contention of the counsel for the petitioner was that once a superior officer of police has approved the closure of a case as not admitted, it is not open to an officer who is inferior in rank to flout the order of senior and direct re-investigation of the case..In the instant case, the investigating officer had initially arrived at a conclusion that allegations against the petitioner are not substantiated and as such, a report in this regard was submitted by the investigating officer to the Deputy Superintendent of Police, City South, Jammu.The Deputy Superintendent, in turn, submitted the same before the Senior Superintendent who accorded his sanction for closing the case. However, Superintendent of Police, City South, Jammu by way of an order dated August 3, 2020 ordered re-investigation observing that the investigation in the case had not been carried out in a professional manner. .The petitioner, therefore, sought quashing of order issued by the Superintendent of Police, City South, Jammu directing re-investigation against the petitioner. .The Court accepted the argument advanced by the petitioner and quashed the case. .The court also held that the relevant authorities of the Police Department are at liberty to take appropriate disciplinary action against Superintendent of Police, City South, Jammu for having acted in a manner which smacks of insubordination. .Additional Advocate General Aseem Sawhney appeared on behalf of the Union Territory of Jammu and Kashmir.