HABIBURRAHAMAN Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsels for the parties.

(2.) By means of this criminal misc. application under Section 482 of Code of Criminal Procedure, 1973 (hereinafter to be referred as 'Cr.P.C.'), the applicant has questioned the charge sheet dated 17.09.2015 and cognizance order dated 08.12.2015 in Case No. 10839/9 of 2015, State v. Habiburrahman arising out of Case Crime No. 701 of 2015, under Sections 386, 506 IPC, P.S. Khatauli,District Muzaffarnagar pending in the court of Chief Judicial Magistrate, Muzaffarnagar on the ground that the applicant has been falsely implicated only because he happens to be the Uncle of Shoaib son of Sardar Ahmad with whom the daughter of the first informant namely Anju Rani eloped and later married by converting to Islam religion and styling herself as Anjum Rehman.

(3.) It is contended that initially the opposite party no. 2 lodged the first information report (hereinafter to be referred as 'FIR') on 18.05.2015 which was registered as Case Crime No. 523 of 2015, under Sections 363, 366, 504, 506 IPC. The said FIR came to be challenged before this Court by Anjum Rahman and Shoaib and others vide Criminal Misc. Writ Petition No. 13183 of 2015 and this Court vide order dated 01.06.2015 directed for no coercive measure pursuant to the FIR until further orders. The order passed by this Court is reproduced hereunder: