MOHAMMAD YAQOOB THOKER Vs. STATE OF J&K

JUDGEMENT

(1.) The petitioners have challenged FIR No.353/2016 for offences under Sec. 147, 341, 354-B, 323, 506 RPC registered with Police Station, Pulwama, Kashmir.

(2.) The impugned FIR has been registered on the basis of a report lodged by respondent No.5/complainant. In the complaint lodged by the said respondent, it has been alleged that on 18/7/2016 at about 7.30 P.M, when she was busy in her household chores, she heard some noise whereafter she came out of her house and saw that her nephew was telling the accused/petitioners that petitioner No.1 had constructed a cattle shed by keeping a window towards his house, as a result of which he has to face the foul smell emanating therefrom. After this, the petitioners/ accused went away from there and she also returned to her house. After sometime when the complainant/respondent No.5 again came out of her house and was going through the street, the petitioners all of a sudden launched an attack upon her. They pelted stones upon her and threatened her. The petitioner No.1 took away dupatta from her head and caught hold of her hair whereas petitioners No.2 and 3 gave blows of fists and kicks to her. Petitioners No.4 and 5 are stated to have beaten her and torn her clothes. In the meantime, minor son of the complainant, namely, Mohsin Altaf came over there and petitioner No.2 hit him on his left arm with a stone. Thereafter some people gathered on spot and they saved the complainant and her son from the clutches of the petitioners. It has been further stated in the complaint that because complainant"s husband was on duty, as such, she could not lodge the report promptly and when her husband came back from duty a few days back, she approached the police. It was further alleged in the complaint that petitioners are extending threats to the complainant and her family.

(3.) The petitioners have challenged the impugned FIR on the ground that respondent No.5 has lodged the impugned FIR in order to wreak vengeance upon them as a counter FIR bearing No.293/2016 stands registered against the complainant party at the behest of the petitioners. It is submitted that the petitioners moved a detailed representation before Director General of Police, J&K, who sought a report from Inspector General of Police. It is further averred that Inspector General of Police, Kashmir, submitted a detailed report with regard to registration of the two FIRs and it was categorically stated in the report that the complainant has exaggerated the story to implicate the petitioners in a false and frivolous case which has been lodged after a delay of more than one month from the date of the occurrence without explaining the reasons for the delay. The petitioners have placed on record copy of communication dtd. 16/5/2017 addressed by Inspector General of Police, Kashmir, to Director General of Police, J&K, Srinagar.