DILSHAD ANSARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This petition has been filed for quashing of the FIR and the entire criminal proceeding against the petitioners for the offences under sec. 366, 34 IPC and sec. 4 of POCSO Act in connection with Pratappur P.S. Case No.118/2017 (corresponding to G.R.No.1621/2017)/ POCSO Case No.49/2018 as the same is nothing but sheer abuse of the process of law. Presently the case is pending in the court of learned District and Additional Sessions Judge-I, Chatra.

(2.) The FIR has been lodged alleging that the complainant's daughter Nasreen Parveen on 28/9/2017 at about 7.00 p.m went outside the house for taking back cow. In the meantime the accused no.1 Noushad Mian and one unknown person came on motorcycle and tried to forcibly to sit his daughter on motorcycle upon which his daughter raised alarm and hearing the alarm of his daughter the complainant and witnesses came out from his house and saw them fleeing. It is further alleged that on the same day the accused no.1 along with unknown person was moving in the village who with the intention to marry with her daughter has kidnapped her. It is further stated in the complaint that about two years ago marriage of her daughter was settled with the accused no.1 but for some reason the same could not materialized. On 29/9/2017 at about 11 am one call from mobile no.9572689682 was received in his mobile no.9006543245 in which the voice was of her daughter who told that Noushad has brought me and thereafter the mobile was disconnected and thereafter on making call on that mobile no. the same was found switched off. It is further alleged in the complaint that for enquiring about the matter the complainant alongwith witnesses went to the village of Noushad where Md. Dilu Mian (petitioner no.1) and Abul Kais (petitioner no.2). The complainant apprehend that the accused Noushand might commit sexual offence with his daughter and kill her.

(3.) Mr. Prasad, the learned counsel appearing for the petitioners at the outset submits that the petitioner no.1 is brother of the husband of the O.P.No.3 and petitioner no.2 is co-villager of the husband of the O.P.No.3.