NAZIR AHMAN SHEIKH Vs. REYAZ AH LONE

JUDGEMENT

(1.) The petitioners through medium of instant petition seek to invoke inherent powers of this Court under Section 561-A, Cr. P. C. to quash the order of learned Judicial Magistrate Kupwara dated 19 March, 2010, whereby learned Magistrate has issued a search warrant under Section 100, Cr. P. C. directing the SHO concerned to search for and produce one Mst. Mehmooda sister of petitioners 1 to 4 before the magistrate. The petition is edificed on the grounds that the respondent earlier on 21st January 2010 made a similar application before learned Chief Judicial Magistrate Handwara and got the search warrant issued in the name of SHO P/S Kralgund and thereafter on 23 January 2010 made an application for withdrawal of the application under Section 100 filed on 21st January 2010. Learned Magistrate Handwara is said to have dismissed the application as withdrawn. It is averred that the respondent thereafter abducted said Mst. Mehmooda and a case FIR 14/2010 under Section 366, R. P.C. was registered with P/S Kralgund. The petitioners pleaded that the respondent was arrested by P/S Kralgund and abducted girl was recovered and her statement under Section 164-A recorded before a Magistrate. Mst. Mehmooda is said to have testified before the Magistrate that she was forcibly taken away by the respondent, confined in the house of one Riyaz Ahmad Lone resident of Ashapora Tehsil Handwara District Kupwara, and even attempted to make an incident assault on her. Mst. Mehmooda after her recovery from custody of the respondent appears to have been handed over to her family. The petitioner on March 19, 2010 approached, this time JMFC Kupwara, with an application under Section 100, Cr. P. C. alleging therein that Mst. Mehmooda was his legally wedded wife and had been wrongly confined by petitioners, respondents in the application. Learned JMFC Kupwara as stated at the outset, felt persuaded to exercise powers under Section 100, Cr. P. C. and issued a search warrant in the name of SHO P/S Kralgund.

(2.) It appears that the warrant was not executed and the matter came up before the Learned Magistrate on 25-3-2010. Learned Magistrate as reflected in the interim order was duly informed that a case FIR 14/2010 under Section 366, R. P. C. was registered against the respondent/petitioner and that Mst. Mehmooda had been subjected to medical examination at district hospital Kupwara. Learned JMFC Kupwara instead of appreciating the matter in right perspective proceeded to issue fresh order to the SHO concerned for production of Mst. Mehmooda failing which appropriate orders were directed to follow. The order of JMFC Kupwara dated 19th March, 2010 and the order dated 25 March, 2010 subsequent thereto, is labelled as one amounting to abuse of the process of the Court on the grounds that the respondent for mala fide reasons was initiating proceedings under Code of Criminal Procedure so as to coerce the petitioners and Mehmooda to surrender before his dictates and allow the respondent to succeed in his designs. It is pleaded that the respondent claims to have married Mst. Mehmooda, a claim vehemently refuted by Mehmooda in her statement under Section 164-A, Cr. P. C. and the petitioner instead of initiating civil proceedings is making use of proceedings under Section 100, Cr. P. C. as a tool to settle scores with the petitioners and Mst. Mehmooda. The act of the respondent, in making successive applications under Section 100, Cr. P. C., it is insisted, lends sup-port to the case set up in the petition.

(3.) Heard and considered.