LAWS(J&K)-2023-3-6

SYED SHAHID HAMDANI Vs. UT OF J&K

Decided On March 02, 2023
Syed Shahid Hamdani Appellant
V/S
Ut Of JAndK Respondents

JUDGEMENT

(1.) In the instant petition, the petitioner has challenged FIR No. 53/2021 for offences under Ss. 376, 420 and 506 of RPC registered with Police Station, Bahu-Fort, Jammu.

(2.) If appears that the complainant, respondent No. 2 approached the Judicial Magistrate 1st Class (Munsiff), Jammu with an application under Sec. 156(3) Cr.P.C. seeking a direction upon the SHO, Police Station, Trikuta Nagar, Jammu to register an FIR and investigate the case. Vide order dtd. 3/2/2021, passed by the learned Magistrate, the SHO, Police Station, Bahu Fort, Jammu was directed to register FIR against the petitioner and to carry out the investigation. It would be profitable to reproduce the relevant extracts of the complaint as under:

(3.) Apart from narration of the above contents of complaint lodged by the prosecutrix/respondent No. 2, it is pertinent to mention here that during investigation of the case her statement under Sec. 164 Cr. P.C. has also been recorded. In her statement, she has supported the allegations made in the complaint.