GAYASUDDIN Vs. STATE OF U P

JUDGEMENT

(1.) THIS application under section 482, Cr.P.C. has been filed by the applicant Gayasuddin with a prayer to quash the order dated 9.8.2004 passed by the learned Chief Judicial Magistrate, Mau whereby the application under section 156(3), Cr.P.C. filed by the applicant has been rejected. It is further prayed that a suitable direction may be issued to the Officer-in- Charge of Police Station Ghosi to register the FIR and to investigate the same.

(2.) THE facts, in brief, of this case are that applicant Gayasuddin moved an application dated 9.8.2004 under section 156(3), Cr.P.C. in the Court of learned Chief Judicial Magistrate, Mau with a prayer that the Officer-in-Charge of Police Station Ghosi may be directed to register the FIR and investigate the same against Sala Uddin, Husn Bano, Mohammad Yasin and Mahboob Ahmad. The allegation has been made against them that the applicant was doing the business of sale and purchase of saris, he was having love affair with Rizwana Khatoon, daughter of Mohiuddin and sister of Salauddin and on 26.7.2002, he has performed the Nikah with Rizwana Khatoon according to Muslim Law. Rizwana Khatoon and the applicant were major but due to their marriage, the father and brother of Rizwana Khatoon were too much annoyed and lodged a false case against the applicant. The applicant and Rizwana Khatoon were present at the chamber of Sri Rama Shanker Misra, advocate, where the applicant was beaten and Rizwana Khatoon was forcibly taken by her brother Salauddin and others to Kotwali Deoria, thereafter she was taken to their house, she was terrorised there, she has been made against the applicant, the false recovery of that girl has been made, she was medically examined thereafter her statement has been recorded in the Court of learned Magistrate, she has been illegally detained and she is being subjected to cruelty and she is not permitted to go to the house of the applicant, she had lived in the company of the applicant as wife, subsequently, she has become pregnant. The applicant requested to hand-over his wife and tried to know about the pregnancy but no proper information had been given and he was abused and he was asked not to think about Rizwana Khatoon and her son, thereafter he was sent to jail in Case Crime No. 422 of 2002 under sections 363, 366, 376, 504 and 506, I.P.C., Police Station Ghosi, District Mau. In medical examination it was found that Rizwana Khatoon was having the pregnancy but the pregnancy has been terminated by her brother and others. Considering the application moved by the applicant, the learned CJM Mau came to the conclusion that Rizwana Khatoon is the victim, she has beer kidnapped and raped by the applicant, its FIR in Case Crime No. 442 of 2002 under sections 363, 366, 376, 504 and 506, I.P.C., P.S. Ghosi, District Mau has already been registered, but the plea taken by the applicant that Rizwana Khatoon is his wife is highly disputed, moving of the application by the applicant under section 156(3), Cr.P.C, is simply misuse of the process of law, thereafter rejected the application under section 156(3), Cr.P.C. on 9.8.2004.

(3.) HEARD Sri Manoj Kumar Chandel, learned Counsel for the applicant and learned A.G.A. for the State of U.P.