SALMANAH TABASUM Vs. SAJJID AHMED AND ORS

JUDGEMENT

(1.) The petitioner is aggrieved of the impugned order dated 28th April, 2017, passed by the Court of Judicial Magistrate, 1st Class (Munsiff), Udhampur in sheer abuse of process of Court and law, in a Challan filed in FIR No. 06/2016 u/s 498-A/342/323/109 RPC titled "State Vs. Sajjid Ahmed and ors.", whereby Investigating Officer through prosecution has been directed to present the said Challan before the learned CJM, Ramban.

(2.) It is pleaded in the instant petition that the Trial Court without jurisdiction while invoking the power u/s 177 and 178 Cr. P.C has not only returned the Challan to the Investigating Officer of the case, but also further directed for its presentation to CJM, Ramban. It is further pleaded that the order impugned was passed at the back and without the knowledge of the petitioner/complainant and it is only when notice has been issued by the CJM, Ramban to the petitioner, the petitioner got the knowledge of the impugned order, which is manifestly passed in sheer abuse of process of Court and law. That order has been passed in violation of procedure prescribed under law because case was registered at Women Police Station, Udhampur, so Udhampur Court has jurisdiction. That it is for the High Court to transfer the case from one district to another District under Section 526 Cr.P.C. It is only the CJM, who may withdraw any case from Subordinate Magistrate. In this factual backdrop, petitioner has approached this Court by way of instant petition.

(3.) I have heard leaned counsel for the petitioner at length. From the perusal of Challan submitted by the Women Police Station, Udhampur, it is evident that the Complainant, namely, Salmanah Tabasum (Petitioner herein) along with her father namely Abdul Haji appeared before the Police Station, Women Cell, Udhampur. This complaint has been made against the accused persons namely Shamima Begum W/o Abdul Zabar, Sajad Ahmad, Parvez Ahmad, sons of Abdul Zabar, Abdul Zabar, S/o Ghulam Rasool, R/o Batli, Robina Begum D/o Abdul Zabar, w/o Rouf Ahmad, R/o Arampur Veerinag, Mohd. Shafi, S/o Abdul Aziz, Manzoor Ahmad, S/o Abdul Rashid, R/o Dhalwas Khandal, Tehsil Ramban. It has been stated that Complainant was married with Sajad Ahmad S/o Abdul Zabar R/o Batli, Tehsil Ramban, according to the Muslim Law five years ago but after two months of the marriage, the behaviour of her in-laws was changed and they started demanding dowry. They started beating her. But she never disclosed the fact before her parents and lived along with her husband and other accused persons in their house. On 09.08.2016, the in-laws of the complainant including accused No.1 to 3 called a meeting in their house but the complainant was not aware about the facts of the meeting. On the same day in the evening, she along with her sister-in-law was taken in a room and was beaten separately. They also snatched their mobile phones. Accused No.1 to 5 beaten them. The complainant as well as her sister in law was kept in the rooms for two days. On the third day, when cousin sister of the complainant came to their house in order to look after the complainant. In the meantime, the complainant saw her while coming in the house and she asked her to unlock them and she accordingly did so and the complainant as well as her sister in law came out of their rooms. When the cousin sister of the complainant inquired from the mother in law of the complainant that why they had been locked in the rooms, on this her mother in law dragged her cousin sister out of her house. Accused Nos.1 to 5 is unnecessarily harassing the complainant and they are trying to kill her.