ROUF MAJID NAQASH Vs. P/S WOMENS WING

JUDGEMENT

(1.) The petitioner has challenged FIR No.07/2018 for offences under Ss. 498-A and 406 RPC registered with Police Station, Women"s Wing, Srinagar.

(2.) It appears that respondent No.2 filed an application under Sec. 156(3) of the Cr. P. C before the Court of Chief Judicial Magistrate, Srinagar, in which it was alleged that the petitioner happens to be her husband with whom she has entered into wedlock 12 years back and out of this wedlock, one son has been born. It was alleged in the complaint that the petitioner has been subjecting her to continuous harassment on different occasions in connection with demands of dowry. It was further alleged that the petitioner, in order to achieve his nefarious designs, has used all types of brutalities, torture, harassment etc. against the complainant/respondent No.2. She went on to allege that this attitude of the petitioner was brought to the notice of respectable persons and his relatives but there was no change in the attitude of the petitioner. It was also alleged that the petitioner has forcibly and unlawfully taken away all the ornaments and other valuable property of respondent No.2/complainant and has kept it in his illegal custody so that the same could be used for any other purpose. It was also averred in the application that the complainant had approached the police station but there has been no response on their part which compelled her to file the application before the Court. The application was supported with an affidavit of respondent No.2/complainant. The Chief Judicial Magistrate, Srinagar, vide his endorsement dtd. 8/3/2018, forwarded the complaint to SHO, P/S Women"s Wing, Rambag, with a direction for registration of FIR. Accordingly, the impugned FIR came to be registered by respondent No.1.

(3.) It appears that after completion of investigation in the impugned FIR, charge sheet has also been laid before the competent court according to which offences under Sec. 498-A and 406 RPC stand established against the petitioner