GH. MOHD. GOJRI Vs. HILAL AHMAD BHAT

JUDGEMENT

(1.) This petition filed under Section 561-A Cr.P.C. seeks setting aside of order dated 15.03.2014 passed by the learned Judicial Magistrate, Budgam, in File No. 341, whereby the learned Magistrate in the proceeding under Section 100 Cr.P.C. has issued search warrant in the name of the Sub-Divisional Police Officer, Magam, to search the alleged confinee, namely, Alia Gul and produce her before the court on the next date of hearing. The petitioners in this petition have also challenged the order dated 28.02.2014 passed by the learned 2nd Additional Sessions Judge, granting anticipatory bail in favour of respondent No. 1 herein. Facts as pleaded in the petition are briefly noted. It is alleged that minor daughter of petitioner No. 1, named, Alia Gul, whose date of birth is stated to be 06.12.1995, was kidnapped by respondent No. 1 on 03.12.2013 and subjected to rape. The petitioner reported the matter to Police Station, Parimpora, but the Police did not register the FIR. Constrained, he filed writ petition, OWP No. 19/2014, which was disposed of by order dated 15.1.2014 by a Coordinate Bench of this Court with direction to the Police concerned to register the FIR. Consequent upon the said direction, a case FIR No. 06/2014 was registered at Police Station, Parimpora, for offence under Section 363 RPC. Thereafter, the police recovered the girl and her statement under Section 164-A Cr.P.C. was got recorded before the Additional Munsiff, Srinagar, wherein she stated that she was kidnapped by respondent No. 1 accompanied by four persons and was raped by respondent No. 1 herein.

(2.) Consequent upon the above, in order to avoid being arrested, it is stated that respondent No. 1 filed an application before 2nd Additional Sessions Judge, Srinagar, seeking anticipatory bail. It is stated that the learned 2nd Additional Sessions Judge, Srinagar, vide order dated 28.02.2014 granted anticipatory bail in favour of respondent No. 1 till 15.03.2014 which was subsequently extended up to 19.03.2014. The petitioner made an application before the learned 2nd Additional Sessions Judge, Srinagar, for cancellation of the bail, according to the petitioner bail has been cancelled, therefore, no cause survives with reference to cancellation of bail.

(3.) It is the case of the petitioners that after committing heinous offence, the respondent No. 1 is pressurizing the petitioners to withdraw the FIR and to go for a compromise. To achieve that objective, it is alleged that the respondent No. 1 is harassing the petitioners. In pursuit of his nefarious design and objective, it is alleged, respondent No. 1 has filed an application under Section 100 Cr.P.C. before the Judicial Magistrate, Budgam. The learned Magistrate, vide order dated 15.03.2014, has issued a warrant, directing the police to search the girl, Alia Gul, and produce her before the Court. It is stated that the said girl, Alia Gul, is not in illegal confinement but is in the custody of petitioner No. 1 and his family members and that petitioner No. 1 is the father of said Alia Gul and, therefore, her legal guardian.