LAWS(J&K)-1994-3-4

ABDUL RASHID KEENA Vs. SAKEENA

Decided On March 29, 1994
ABDUL RASHID KEENA Appellant
V/S
MST.SAKEENA Respondents

JUDGEMENT

(1.) This petition has been filed under the provisions of Section 561- A, CR.P. C. by the petitioner as far back as on 14-4-1988. Notices were issued to the parties and even records have been called. For a pretty long time, no body appears in these proceedings. The matter came up for perusal and consideration.

(2.) From the persual of the file, it transpires that one Mst. Sakeena, complainant before the court of learned Chief Judicial Magistrate, Srinagar had lodged a complaint on 10-3-1988 under Section 406 against her husband, petitioner herein, alleging that she at the time of her marriage had taken the marriage gifts certain movable property, the list of which was enclosed with the complaint. Out of the wedlock between the complainant and the accused, a child is also born, but the non-applicant/accused had turned her out from the house. It is alleged that the non-applicant accused is going to misappropriate the property taken by her to her in-laws.

(3.) After having recorded the statement of the complainant by the learned Magistrate, he had deferred to take cognizance and had referred the matter to respondent No. 2 Officer Incharge Police Station Kotchibagh under Section 202, CR, P. C. for making enquiry into the matter. The learned Magistrate had also referred copy of the complaint along with list of articles and the statement of the complainant for action on 10-3-1988 and had directed the Officer Incharge, Police Station Kothibagh to report on 25-3-1988.