FURQAN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard Shri Mohammad Imran Khan, learned counsel for the applicants, Shri Mukhtar Alam, learned counsel appearing for opposite party No. 2 and learned Additional Government Advocate representing the State.

(2.) By means of this application, the applicants have invoked the inherent jurisdiction of this Court under Section 482 Cr.P.C., 1973 praying for quashing of the order dated 05.7.2017 passed by the Additional District and Sessions Judge, Court No. 7, Bijnor dismissing Criminal Revision No. 236 of 2016, which was filed against the order dated 26.4.2016 passed by the learned Civil Judge (JD)/Judicial Magistrate, Najibabad, Bijnor in Complaint Case No. 916 of 2016 whereby the applicants have been summoned under sections 376-D and 506 IPC, PS Nahtaur, district Bijnor.

(3.) The facts which are requisite to be stated for adjudication of this revision are that a complaint was filed by Tasleem Ahmad, opposite party No. 2 in the court of Judicial Magistrate, Najibabad, Bijnor arraigning the applicants Furqan, Mohammad Shabi and one Mahfooz Khan as accused stating therein that all the accused are friends and doing the business of sending unemployed persons to abroad and since the accused belong to Samajwadi Party, hence they do not care of law and order. They are also having muscle powers, whereas the complainant is a very honest, poor and law abiding citizen. The complainant works as Chaukidar in Muslim Fund at Shercot. The complainant along with his wife, children and his so-called sister (herein after referred as "the victim") came to Najibabad to attend the funeral. As the Sasural of the complainant is also situated at Mohalla Rampura, Najibabad, the complainant is well acquainted with the accused persons. The accused also used to come to the house of the complainant and know the victim very well. In fact the husband of the victim died three years ago and the complainant assist her financially. She also often comes to Shercot. She earns her livelihood by making brush. For sending his sons Atiqur Rahman and Azim Uddin to abroad, the complainant was in touch with the accused-applicants and has also given Rs. 100,000/- (rupees one lac) to the applicants and it was agreed upon that the accused will send both the sons of the complainant to abroad at Rs. 200,000/-. The victim was also in touch with the accused-applicants. On 17.4.2016 at about 6.00 PM, accused Furqan, Mahfooz Khan and Mohammad Shabi took the victim, in the presence of his family members, on the pretext of preparing documents for sending the son of victim to abroad and took her to Sultana Daku Ka Qila at village Mahawatpur and committed rape on her one by one. They also committed unnatural sex with the victim against her wishes and also made video of the same. Accused also threatened her of dire consequences if she reports this matter.