Avinash Azad
Acting on the directions of a local court, Bakshi Nagar Police Station in Jammu district has registered an FIR against a Sub-Inspector (SI) and two other individuals over allegations of intimidation, physical assault and abuse of official authority. The case places a police official under scrutiny over allegations of misconduct and misuse of position.
The case (FIR No. 149/2026) names Sumit Nayyar and Sawan Nayyar, residents of New Rehari Colony, alongside PSI Anil Thapa, the then In-charge of Police Post Sarwal. The FIR has been registered under Sections 323, 341, 504, 506, 452, 166-A, 221, and 120-B of the Indian Penal Code (IPC).
The complainants, led by Pardeep Khanna, had filed an application under Section 156(3) of the CrPC in May 2024. According to the complaint, on April 30, 2024, Sumit and Sawan Nayyar, accompanied by a police security officer, allegedly visited the complainants’ business premises and threatened them over a financial dispute involving Sawan’s brother. On May 4, 2024, at around 8:30 a.m., Sumit Nayyar, accompanied by the then In-charge of Police Post Sarwal and other police personnel, allegedly went to the complainants’ residence and brought family members to Police Post Sarwal, where they were intimidated and physically assaulted.
In its order dated, October 27, 2026, the Court of the 1st Additional Munsiff (Forest) / Judicial Magistrate 1st Class, Jammu, held that the material on record—including witness statements, CCTV footage, photographs, and a Medico-Legal Certificate (MLC)—disclosed a, prima facie cognizable offense requiring a regular investigation.
Court’s findings:
Medical Evidence: MLC No. 1663 dated May 4, 2024, shows complainant Parth Khanna was brought to Government Hospital Sarwal around 9:30 a.m. with injuries, supporting allegations of physical violence.
Witness Support: Witness statements from Shiv Kumar Gupta and Parveen Gupta corroborated key parts of the event at both the business premises and Police Post Sarwal.
Inquiry Flaws: The magistrate expressed concern over earlier police inquiries, noting missing complaint register entries and unaddressed evidence. The court emphasized that a financial dispute does not justify using police machinery to force a settlement.
The magisterial direction follows a July 3, 2026, judgment by the High Court of Jammu & Kashmir and Ladakh. The High Court set aside a December 2024 order dismissing the complainants’ status report application, ruling that the magistrate must address the objections raised in the protest petition. The High Court further noted that rival versions of the same incident permit the registration of cross-FIRs. Bakshi Nagar Police Station has classified the matter as a “special nature case.” Investigation has been assigned to PSI Lalit Sharma, the current In-charge of Police Post Sarwal. The court noted that its directive is aimed at facilitating a thorough probe and does not determine guilt or innocence at this stage.
