ADIL SHAMIM ANDRABI Vs. GOVERNMENT OF J&K

JUDGEMENT

(1.) In the instant petition filed under Sec. 482 Cr.PC, the petitioners are seeking quashment of proceedings under FIR No. 242/2020 for commission of offences under Sec. 498-A, 506 IPC, registered at Police Station Sadder Srinagar. They also pray for a direction upon respondent to change the Investigating Officer and entrust the investigation to an officer of higher rank.

(2.) The pith and core of the petition of the petitioners is that they are residents of Osmania Colony Bagh-e-Mehtab Srinagar, falling under the jurisdiction of Police Station Saddar Srinagar and Police Division Chanapora. They have been facing illegal action, torture and humiliation at the hands of Police, who have initiated and undertaken illegal proceedings against them in violation of law. The proceedings have been initiated by registering an FIR No. 242/2020 on a false and frivolous complaint filed by respondent no.4, who is the estranged wife of the petitioner no.1. The Police concerned under dictates from higher ups have registered the FIR, on a complaint which does not disclose any cognizable offence and does not mention any time period or date of any occurrence. The complaint contains incoherent, vague and generalized allegations which on the face of them appear to be meaningless and baseless. This being a matrimonial dispute, the estranged wife has levelled baseless and meaningless allegations about property matters which are not factually correct.

(3.) It is also stated by petitioners that the complainant-wife had filed complaint before the police levelling all sorts of allegations like inflicting mental and physical torture, dowry demand, grabbing of property and impotency etc. The police party of police post Chanapora without ascertaining the facts by conducting a preliminary inquiry summoned the petitioners on 16/10/2020. The Police for ulterior motives working on the dictates of respondent no.2 arrested the petitioners 1 and 2, even after the Court of Principal Sessions Court granted a pre-arrest bail in their favour on 16/10/2020. They have callously shown them arrested on the same day and submitted a false and misleading report on 17/10/2002, in the court and the Court of Judicial Magistrate 1st Class/2ndMunsiff Srinagar, has granted regular bail on 19/10/2020. In this way the petitioners were made to remain in custody illegally for three days as the intervening days were holidays.