MUSHTAQ AHMAD SHAH Vs. UT OF J&K

JUDGEMENT

(1.) The petitioners, through the medium of present petition, have challenged FIR No.84/2021 for offences under Sec. 354 and 448 of IPC registered with Police Staton, M. R. Gunj, Srinagar.

(2.) As per prosecution case, on 25/8/2021, while the complainant was sitting at her home, petitioner Mushtaq Ahmad Shah, who happens to be her brother-in-law, along with his wife, petitioner Shaheena and his son, petitioner Tawseeq Mushtaq Shah, came over there and knocked the door of her house. It is further alleged that the complainant was given a beating by the petitioners and they also broke open the lock of her another room. Prior to it, in the month of June, petitioner Mushtaq Ahmad Shah and his wife along with police officials had come to the home of the complainant and questioned her. It is also alleged that on 25/8/2021, the petitioners also hurled abuses upon the complainant, whereafter she contacted her husband on telephone. However, she was dragged by petitioner Mushtaq Ahmad Shah and his wife out of her house and in the meantime, her husband came on spot and he objected to it, as a result of which she was set free by the petitioners. Thereafter the petitioners attacked her husband and gave a beating to him and when she tried to rescue him she was again dragged, as a result of which her headgear fell down, which amounted to outraging of her modesty.

(3.) It seems that the impugned FIR came to be registered on the basis of the order passed by the learned Special Mobile Magistrate, PT&E, Srinagar, passed on 6/10/2021.