MOHAMMAD SHAHNAWAZ KHA Vs. UT OF J&K

JUDGEMENT

(1.) The petitioner has challenged FIR No.20/2021 for offences under Sec. 4-A of J&K Prevention of Corruption Act and Sec. 120-B RPC registered with Police Station, Anti Corruption Bureau, Srinagar.

(2.) As per the impugned FIR, one Bisma Nawaz lodged a report alleging therein that the then SHO, Police Station, Soura demanded illegal gratification through ASI Mohammad Ashraf from her and her father as a motive or reward for registering FIR pursuant to order dtd. 10/11/2018 passed by Chief Judicial Magistrate, Srinagar, whereby the SHO was directed to proceed under Sec. 156(3) of the Cr. P. C in the light of the complaint filed by the complainant before the Chief Judicial Magistrate.

(3.) It appears that the complainant Bisma Nawaz had presented a complaint before the Chief Judicial Magistrate, Srinagar, alleging therein that one Parvaiz Ahmad Sheikh had subjected her to sexual abuse. When the complainant approached the SHO, P/S Soura, for registration of FIR, he showed reluctance and demanded illegal gratification. It was further alleged in the complaint that when the complainant failed to meet the demand of the SHO, she approached the Chief Judicial Magistrate, Srinagar, with an application for directing the SHO to register a case under Sec. 156(3) of the Cr. P. C. On 8/8/2018, the Chief Judicial Magistrate, Srinagar, directed the SHO to register an FIR on the basis of the allegations made by the complainant against one Parvaiz Ahmad Sheikh, but instead of registering the FIR, the SHO demanded illegal gratification from the complainant and her father for doing lawful duty of lodging the FIR. On the basis of these allegations, the impugned FIR came to be lodged after conducting the preliminary enquiry.