SHABIR AHMED Vs. STATE OF J & K

JUDGEMENT

(1.) Heard.

(2.) Through the present petition petitioner seeks quashment of FIR No.14/2017 dtd. 9/3/2017 registered at Police Station, Ramsoo, District Ramban for commission of offences under Ss. 376/452 RPC and also for quashment of order dtd. 2/3/2017 passed by the JMIC, Banihal by virtue of which SHO has been directed to register an FIR.

(3.) The petitioner claims to be a Mason and doing the construction work, he is a poor person and has five children i.e., three daughters and two sons, all are School going children. It is stated that respondent No. 2 who is not having a good reputation has filed an application under Sec. 156(3) of Criminal procedure Code before the Court of Judicial Magistrate 1st Class Banihal. The said Court has sent the application under Sec. 202 to the SHO Police Station, Ramsoo, District Ramban for conducting enquiry. Thereafter the enquiry was conducted by the SHO Police Station, Ramsoo and SDPO Banihal, both have conducted investigation and submitted the report before the Court. The report was submitted by the SHO and SDPO by which the both of them have stated that as per the order passed by the Court for conducting enquiry under Sec. 202 Cr.P.C., they have conducted the investigation and recorded the statement of witnesses and from the investigation and statement of witnesses, it has come to fore that no case is made out against the petitioner. It has further been stated that the SHO Police Station, Ramsoo and SDPO Banihal have recorded the statement of Nishada Begum, Farooq Ahmed, but the complainant was not able to produce any witness in her favour. Police have conducted enquiry from real parents of complainant, relations and members of the committee of Jama Masjid Jaradi, Riaz Ahmed, Mohd. Yousuf, Abdul Latief, Mohd. Ashraf, Haji Abdul Rashid, Mohd. Amin, Nazeer Ahmed, Mohd. Ramzan and Abdul Sadiq, all residents of Jaradi and during the course of investigation, it has been found that Nishada Begum is in illegal relationship with Shabir Ahmed for the last five/six years. It is stated that the complainant and her husband have good relation with the said Shabir Ahmed. The people of the village advised the complainant not to keep relation with Shabir Ahmed, but the complainant continued illegal relationship with Shabir Ahmed.