FEROZ HASSAN KHAN Vs. ATHER SHAHEEN

JUDGEMENT

(1.) The petitioners, seek to invoke inherent powers of this Court under Section 561-A Cr. P. C. for quashment of order dated 10-8-2009 whereby learned 1st Addl. Muhsiff, (JMIC) Srinagar, has taken cognizance of offences punishable under Sections 420, 406 RPC, on a complaint filed by the respondent, and issued process against the . petitioners. The petition has been filed against the following backdrop.

(2.) The petitioner No. 1 and the respondent entered into wedlock on 8th of October 2003 and were blessed with a son in the year 2004. The marriage appears to have run into rough weather soon after birth of Zaidan Feroz, now aged five years. If the petitioner No. 1 is to be believed, the respondent has been divorced by the petitioner No. 1 vide divorce deed dated 15-7-2009. The respondent on 31-7-2009 filed a criminal complaint in the Court of Chief Judicial Magistrate Srinagar against her husband and parents-in-law the petitioners herein, alleging commission of offence punishable under Sections 420,406 and 379 RPC. The complainant after giving details of the maltreatment, meted out to her, at her in-laws house, voiced her grievance against the conduct and behaviour of the petitioner No. 1 and alleged that the petitioners had misappropriated the gifts received by the respondent at the time of her marriage and taken by her to her marital house. It was alleged that the respondent some time before filing of the complaint on going to petitioners house found her jewellery and other gift items to have been either stolen by the petitioners or sold without her consent. The petitioner No. 1 was also alleged to have pocketed an amount of Rs. 45000, given to him by the respondent.

(3.) The complaint was transferred to 1st Addl. Munsif (JMIC) Srinagar for its disposal under law. Learned Magistrate, after going through the complaint and statement of the respondent and her brother Shri Javed Ahmad Reshi, recorded in support of the complaint, decided to postpone issuance of process and first get the complaint inquired into/investigated by Station House Officer of the concerned Police Station. The complaint was accordingly in terms of Section 202 Cr. P. C. forwarded to SHO Police Station Rajbagh for inquiry/investigation. It appears that SHO Police Station Rajbagh instead of himself inquiring into the complaint, entrusted the inquiry to Shri Abdul Aziz, Sub Inspector, who after recording statements of complainant and a few witnesses, submitted his report to Learned Magistrate on 8th August 2009. Learned Magistrate on going through the report received from Sub Inspector Abdul Aziz, took cognizance of offence punishable under Sections 420, 406 RPC and issued process against the petitioners.