RAFIQ AHMAD KHAN Vs. SHAHZADA BEGUM

JUDGEMENT

(1.) PETITIONER and respondent No.1 were married to each other but due to strained relations have been residing separately, in the process respondent No.1 has filed complaint before the Court of Chief Judicial Magistrate, Sopore complaining therein that the petitioner (accused. has misappropriated various costly items as detailed in para 3 of the complaint. Learned Magistrate while examining the complainant and the witness as produced in support thereof, has taken cognizance vide order dated 23.6.2011 recording therein that the proceedings in terms of Section 202 Cr. P. C are imperative, therefore, directed SHO Police Station concerned to conduct the enquiry under Section 202 Cr. P.C and to seize the property/articles and to submit the report. In compliance thereof, police has seized various articles as mentioned in the report submitted before the Magistrate.

(2.) BEFORE further proceedings could be conducted by the Magistrate, petitioner (accused. has filed the instant petition under Section 561-A Cr. P. C for quashment of the proceedings so initiated.

(3.) SO far as present case is concerned, admittedly in the complaint as well as the statements of the complainant and the witness recorded, position of subsistence of the marriage is not denied but this case has otherwise peculiar features i.e. petitioner in this petition has specifically pleaded that he has divorced the respondent No.1 and in support of the said position has placed on record divorce deed dated 14th of June, 2011. What would be its impact on the complaint has to be looked into.