MST REHANA Vs. UT OF J&K

JUDGEMENT

(1.) The petitioners have challenged FIR No.117/2022 for offences under Ss. 384, 385, 389, 506 IPC registered with Police Station Kokernag.

(2.) As per the impugned FIR, it has been alleged that pursuant to the directions of the concerned Judicial Magistrate, the petitioners are habitual blackmailers and that they are harassing and extorting money from the complainant/respondent No.5. It is further averred in the impugned FIR that the petitioners have already extorted a sum of rupees two lacs from the complainant at Soaf Shali Kokernag in the house of one Ashiq Hussain and that the petitioners are still demanding money from him by putting him under fear to cause injury to his reputation by implicating him in a false case.

(3.) The petitioners have challenged the aforesaid FIR contending that the contents of the impugned FIR do not disclose commission of any offence by them. It has been further contended that at the instance of petitioners, an FIR bearing No.25/2020 for offences under Sec. 367-D, 506, 509, 120-B IPC read with Sec. 66 of IT Act, was registered with Police Station Larnoo, Kokernag and after investigation a challan has been filed against the accused which is pending trial before the Court of Additional Sessions Judge, Anantnag. It has been submitted that the impugned FIR has been lodged with a view to pressurize the petitioners to withdraw their case. It has also been contended that the allegations made in the impugned FIR are vague and improbable.