SHAHID AKHTAR Vs. STATE OF U P

JUDGEMENT

(1.) This revision is directed against common order dated 25/1/2001 passed by learned Additional District & Sessions Judge. Court No. 12. Allahabad in State of U.P. v. Shahid Akhtar1 and Abdul Aziz v. State of U.P. and another

(2.) Heard Sri K.N. Raha, the learned counsel for the revisionist learned AGA and Sri Abrar Ahmad. Advocate, holding brief of Sri M.S. Haq, learned counsel for the respondent No. 3 and have gone through the judgment and record.

(3.) The fact of the case is that Shahid Akhtar Advocate, moved an application in the court of the Chief Judicial Magistrate. Allahabad, under Section 156 (3) Cr. P.C. containing the fact that he is an Advocate in Civil Court. Allahabad, since last 16 or 17 years. His nephew Abid Husain was married with Shabnam, daughter of Abdul Aziz. O.P. No.3 to this revision on 1/11/1999. Abdul Aziz did not want to send Shabnam to the residence of Abid Husain. on one pretext or the other, ornaments and cloths were taken away by Shabnam to her fatherTs residence and now they intend to seek divorce from Abid Husain. Abid Husain is a police constable in district Muzaffar Nagar. U.P. but Abdul Aziz was not successful in obtaining divorce. Therefore, he along with his son Avesh, Usman alias Kalloo, Pappu, Gulab and two or three other persons forcibly entered into the house of Abid on 28/5/2000 at 8.50 A.M. and started to use insulting languages. Shahid Akhtar and his brother Akhtar Husain went to police station Shahganj, to lodge FIR but it was not written. On 29/5/2000 at about 11.00 PM Station Officer of police station Shahganj, along with three constables, Abdul Aziz. Kalloo, Avesh, Gulab. Babu, Munna, Rehan, Smt. Sayeeda, Smt. Seema, Smt. Sakeen and others forcibly entered into their house, bolted the door from inside, used insulting languages to ladies and daughters of the family and the accused injured them, looted the articles and locked it in one room of the house. When objection was raised by the revisionist they threatened with dire consequences. Mohd. Usman snatched away golden necklace from the body of the Bhabhi of the revisionist, on which application was moved by the revisionist under Section 156(3) Cr. P.C. in the court of the Chief Judicial Magistrate, who passed order on 3/6/2000 to the effect that the case be registered and investigation be made by some gazetted officer and report about the investigation be submitted within a month.