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SANJAY DHAR
Syed Shahid Hamdani – Appellant
Versus
UT of J&K – Respondent


Advocates:
Counsel for the Parties:
For the Appellant:Mr. P.N. Raina, Sr. Advocate with Mr. J.A. Hamal, Advocate
For the Respondents:Mr. Pawan Dev Singh, Dy. AG, Mr. Zulker Nain Sheikh, Advocate

JUDGMENT

CRM(M) No.274/2021

In the instant petition, the petitioner has challenged FIR No. 53/2021 for offences under Sections 376, 420 and 506 of RPC registered with Police Station, Bahu-Fort, Jammu.

2. If appears that the complainant, respondent No. 2 approached the Judicial Magistrate 1st Class (Munsiff), Jammu with an application under Section 156(3) Cr.P.C. seeking a direction upon the SHO, Police Station, Trikuta Nagar, Jammu to register an FIR and investigate the case. Vide order dated 03.02.2021, passed by the learned Magistrate, the SHO, Police Station, Bahu Fort, Jammu was directed to register FIR against the petitioner and to carry out the investigation. It would be profitable to reproduce the relevant extracts of the complaint as under:—

“2. That the applicant came in contact with one Shahid Hamdani in the month of June 2017 and both the parties having similarities in temperaments and mutual understandings started meeting each other frequently. During this time both the parties developed feelings for each other and accordingly expressed their mutual feelings to each other.

3. That said Shahid Hamdani expressed his desire to marry the applicant and in order to und

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