TARIQ MEHMOOD Vs. STATE

JUDGEMENT

(1.) ORDER:- Through the medium of this petition, which has been made under the provisions of S. 561-A, Cr.P.C., the petitioner-accused namely, Tariq Mehmood has-sought quashing of the order dated 10-7-1993, whereby the learned Sessions Judge, Poonch issued the process for summoning the petitioner-accused for the commission of offences falling under S. 458 read with S. 376, Cr.P.C. The relevant facts of the case are that Mohd. Din s/o Faqir Mohd. Qureshi r/o Kalai, Tehsil Haveli District Poonch lodged written report in Police Station, Poonch on 14-1-1993 alleging therein that during the intervening night of 15th-16th October, 1992, two persons came to his house and over-powered him. They took him inside the bed room and thereafter made their forcible entry into that room, wherein his wife and daughter were sleeping, They were masquerading as security personnel and started a search of the rooms in the darkness as they did not allow burning of a lamp. His daughters namely, Tasbira Begum and Hanifa Bi had succeeded in recognising those persons and they were named in the report as Isaq s/o Haji Shah Mohd. caste Guggar r/o Kalai and Tariq Mehmood s/o Mohd. Yousuf Kohli r/o Chandak. Both these persons had tried to rape his daughters but on resistance, they could not do so but while fleeing had administered beating.

(2.) After the investigation, the police submitted the final report only against the accused, Mohd. Tariq Khan s/o Haji Shah Mohd. whereby he was implicated for the commission of offences falling under Ss. 458/376 read with S. 511, Cr. P.C. The police had submitted the final report before the learned Chief Judicial Magistrate, Poonch, who vide his order dated March 3, 1993, committed the case to the Court of learned Sessions Judge, Poonch. The learned Judge on 10-7-93 heard the arguments and perused the record and found that the petitioner-accused herein namely, Tariq Mehmood was also involved in the commission of the alleged crime and issued the process against him. This order has been challenged on the grounds that the learned Sessions Judge, Poonch had no jurisdiction to issue the process at that stage. It is also pleaded that none of the witnesses had named the petitioner-accused herein and process issued against him, was without any basis of evidence.

(3.) Heard the arguments.