ASGAR KHAN Vs. STATE OF J&K

JUDGEMENT

(1.) THE petitioners have invoked the jurisdiction of this Court in terms of Section 561 -A of Code of Criminal Procedure (for short, Cr.P.C.) to quash the proceedings drawn by learned Judicial Magistrate Ist Class, Bhadarwah vide order dated 14.10.2004 in a complaint, titled, Ratna Devi vs Asgar Khan & anr., on the grounds taken in the memo of petition.

(2.) RESPONDENT No.2, Ratna Devi had filed a complaint before the Judicial Magistrate Ist Class, Bhadarwah on 24.8.2004 with the allegation that on 22.8.2004 at about 7 PM the petitioners -accused entered into her house, abused her and outraged her modesty. She and her children made hue and cry. The petitioners -accused intimidated her and threatened to kill her and her children. Her husband was not present because he was on duty. She lodged a report in the police station concerned. Thereafter, on the same day, at about 8 PM petitioner -accused No.2 again entered into her house and abused her and her children. It is further alleged that she had made a report with the police, but when the police did not take any cognizance in the matter, she preferred a criminal complaint before the Judicial Magistrate Ist Class, Bhadarwah.

(3.) THE learned Judicial Magistrate directed the concerned police to submit the inquiry report in terms of Section 202 of Cr.P.C. The police made the inquiry and submitted the report that the complaint was false. Accordingly, the learned Judicial Magistrate Ist Class Bhadarwah dismissed the complaint vide order dated 14.9.2004.