GHAUS ALAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) This petition, invoking jurisdiction under the provisions of Section 482 Cr.P.C, has been filed seeking the setting aside of the impugned order dated 16.03.2019 passed by learned Judicial Magistrate 1st Class, Faridabad (Annexure P5), whereby the application under Section 156(3) Cr.P.C.for sending the case for investigation to the police has been declined; and further for setting aside the impugned order dated 22.01.2020 (Annexure P6) passed by Additional Sessions Judge, Faridabad, whereby the revision filed by the petitioner against that order, has been dismissed.

(2.) A complaint filed by the petitioner before the SHO, Police Station, Suraj Kund, Faridabad (undated) has been annexed as Annexure PI with the petition, which essentially, after giving the background of the marriage of the petitioner and respondent No.2, goes on to state that the petitioner was mentally tormented and pressurised by his in-laws who demanded Rs.10 lakhs from him with him having given Rs.2 to 3 lakhs and some jewellery of his family because in his community there is a custom of giving mehar. Despite that, it was further alleged, that the accused (respondents No. 2 to 5 herein) kept on tormenting him upon which he again gave another sum of money despite which the threats etc. did not stop (as alleged). Thereafter when another sum of Rs.10 lakhs was again demanded to start a business for the petitioner's father-in-law and he expressed his helplessness, an FIR was got registered against the petitioner alleging therein the commission of offences punishable under Sections 354-B, 204 and 509 of the IPC, at Police Station NIT Faridabad.

(3.) The complaint goes on to state that the petitioner got admitted his son in a good and expensive school at Faridabad and also filed a petition for custody of the child thereafter, with him having been given visiting rights; but with the said order of the Court not having been complied with, the petitioner was mentally/emotionally disturbed leading to him suffering a heart attack and with him unable to thereafter attend court proceedings and with him also therefore unable to report the ill treatment at the hands of his in-laws. When his health improved he is stated to have gone to the school where he had admitted his son and found that his son was no longer studying there and, as per the petitioner, his son was admitted to another school by respondents no.2 to 5 "after preparing fake documents and by converting his religion". A further accusation has been made in the complaint that the accused were not taking proper care of the son of the petitioner with his religion having been changed in connivance with the school management and Principal; and consequently the petitioner had been harmed in every possible manner and insulted publicly with false allegations levelled against him.