JAMIR KHAN Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This C482 application is directed against the summoning order dtd. 11/10/2018, passed by learned Additional Chief Judicial Magistrate, Haldwani along with all the consequential proceedings of Criminal Case No.6090 of 2018, State vs. Jamir Khan, under Ss. 354A and 354D of IPC as well as the Charge-Sheet No.232 of 2018 dtd. 16/9/2018, pursuant to the First Information Report No.244 of 2018, registered at P.S. Haldwani, District Nainital for the aforesaid offences on the ground that the informant-respondent no.2 does not want to prosecute the accused-applicant.

(2.) Heard learned counsel for the parties.

(3.) The first information report was lodged by respondent no.2-Satender Kaur against the applicant-Jamil Khan in Police Station Haldwani, District Nainital on 21/7/2018 at 02:25 hours, which was registered as FIR No.244 of 2018, under Ss. 354A and 354D of IPC. In the first information report, it has been stated that the informant is the resident of Mohalla Govindpura who noticed that one unknown person kept on chasing and stalking her since long. Such activities were ignored by the informant for being afraid of undue publicity but on 20/7/2018 at about 09:15 p.m. when the informant was going to her home from Gurudwara, the said man followed her and came at the turn of the street leading to her house, when the informant look behind he was found making obscene gestures. The informant immediately told her husband about this and the people from Mohalla caught hold of him and brought him to the police station.