BILAL AHMAD MIR Vs. UT OF J&K

JUDGEMENT

(1.) The petitioners have challenged FIR No.76/2019 for offences under Sec. 354, 447 and 506 of IPC registered with Police Station, Nishat Srinagar.

(2.) It appears that respondent No.2 had filed a complaint before the Court of Chief Judicial Magistrate, Srinagar, alleging therein that the petitioners are residing in her neighbourhood and that there exists a common pathway for ingress and egress to the properties belonging to the parties which is existing there for the last 70 years. It was further averred that the said pathway is being maintained by LAWDA on which electric poles and drainage has been constructed by LAWDA. It was further averred in the complaint that the petitioners are threatening to grab the said pathway and have made many attempts in this regard. It is was further averred that on 25/11/2019, when the complainant/respondent No.2 was all alone at her home, at about 3.00 P.M, the petitioners barraged into her house, caught hold of her hair and wrongfully confined her in one of the rooms of her house whereafter criminal force was used against her. It was further alleged that the petitioners intended to outrage her modesty but she resisted the same and raised a hue a cry. The neighbours gathered on spot and the complainant was saved from the clutches of the petitioners. Finally, it was alleged that the petitioners, at the time of leaving the spot, threatened to kill complainant and to outrage her modesty.

(3.) It seems that the aforesaid complaint was endorsed by the learned Chief Judicial Magistrate, Srinagar, to Police Station, Nishat, and, accordingly, the impugned FIR came to be registered and the investigation was set into motion.