IN THE HIGH COURT OF JAMMU AND KASHMIR AT JAMMU
SANJEEV KUMAR, J.
Narseena Bano - Appellant
Versus
State and Ors. - Respondent
OWP No. 526 of 2019 and IA No. 01 of 2019
Decided On : 10-05-2019
Ranbir Penal Code - Sections 376 and Section 34 - Code Of Criminal Procedure, 1973 - Section 561-A – Offence of Murder - Cognizable offence - House Was Demolished Without Any Notice Or Warning - Slapped And Molested - Leading up to filing of instant petition may be advantageous to appreciate controversy raised in this petition in proper prospective - As per allegations contained in complaint filed by petitioner a Demolition Squad lead by SDM North Jammu along with respondents demolished house of petitioner with use of JCB Tipper and Cranes - Petitioner claims that not only her house was demolished without any notice or warning but she was also manhandled on spot by Senior Police Officer who forcibly put her into Van and took her to Police Post - She alleges that she was kept in Police Post for two nights - She was also involved in a false and frivolous case registered against her under Sections 107/151 Cr. P. C. Her further allegations is that on evening she was shifted to a secluded room behind main building of Police Post and was slapped and molested by respondent who then forcibly committed intercourse with her without her consent - He was followed by respondents who also repeated same act with petitioner – Held, I also take this opportunity to place on record my concern regarding manner in which our Magistracy acts when it receives an application for bail release of vehicle or other seized property and even a complaint under Section 156(3) Cr. P. C. Invariably it is seen that applications in original are forwarded to police as if Police Station is an extension of their Court - It needs to be appreciated that any application filed before Magistrate is record of Court needs to be properly diarized and not sent in original to Police Station - Such act may even amount to destroying record of Court - It is thus emphasized that henceforth whenever any application whether on civil side or criminal side is received by a Court same shall be necessarily diarized and registered - Any Magistrate/Court found violating; shall be liable to action on administrative side and may also be charged for destroying record of Court - Petition Disposed Of.
ORDER :
SANJEEV KUMAR, J.
1. Instant petition filed under Section 561-A of the Code of Criminal Procedure is directed against the order dated 06.03.2019 passed by the learned Chief Judicial Magistrate, Jammu in File No. 407/Misc. titled Nasreena Bano Vs. Rafiq Ahmed Jaral whereby learned Chief Judicial Magistrate, Jammu after recording the statement of the petitioner in compliance to the directions passed by the Hon'ble Supreme Court of India in SLP (Crl.) No. (S) 864/2019 has taken the cognizance of the complaint and has directed the Inspector General of Police, Jammu to conduct the inquiry himself or by any other Police Officer not below the rank of Senior Superintendent of Police. The petitioner also seeks a direction for registration of FIR against the respondents 5 to 7 for commission of the offence punishable under Sections 376 and 376-C read with Section 34 of the Ranbir Penal Code.
2. An advertence, though brief, to the factual antecedents leading up to the filing of the instant petition, may be advantageous to appreciate the controversy raised in this petition in proper prospective. As per the allegations contained in the complaint filed by the petitioner, a Demolition Squad lead by the SDM, North, Jammu along with respondents 5 to 7 demolished the house of the petitioner on 03.08.2018 with the use of JCB, Tipper and Cranes. The petitioner claims that not only her house was demolished without any notice or warning, but, she was also manhandled on spot by the Senior Police Officer, who forcibly put her into the Van and took her to the Police Post, Chinore. She alleges that she was kept in the Police Post for two nights from 03.08.2018 to 05.08.2018. She was also involved in a false and frivolous case registered against her under Sections 107/151 Cr.P.C. Her further allegations is that on the evening of 03.08.2018, she was shifted to a secluded room behind the main building of the Police Post and was slapped and molested by respondent No. 6 who then forcibly committed intercourse with her without her consent. He was followed by the respondents Nos. 5 and 7, who also repeated the same act with the petitioner. There is further allegation that on the intervening night of 04.08.2018 and 05.08.2018, the respondents 5 to 7 ravished her again. The petitioner wanted to get herself medically examined on 05.08.2018, but, was also not permitted to do so. She claims to have gone to SMGS Hospital, Jammu for getting herself examined, but, the respondents managed that no such examination takes place in the Hospital. There is long tale of woe narrated by the petitioner in her complaint. The petitioner claims to have appeared before the Inspector General of Police, Jammu on 13.08.2018 during a public hearing and narrated him the whole episode and even showed him proof of the respondents 5 to 7 having committed the offence.
3. The petitioner further alleges that though her grievance was heard by the Inspector General of Police, Jammu, who forwarded her complaint to the SSP, Jammu but, strangely no FIR was registered against the respondents 5 to 7. The petitioner claims that she made complaint thereafter to all higher authorities including Governor of the State, Hon'ble Home Minister of India, Director General of Police, Border Security Force and Director General of Police, Jammu and Kashmir Police etc. etc. The petitioner states in her complaint that having failed to get an FIR registered against the respondents 5 to 7, she filed a complaint before the learned Chief Judicial Magistrate, Jammu narrating all that had happened to her in paragraphs 13 to 24 of the complaint. The petitioner sought a direction from the learned Chief Judicial Magistrate, Jammu for registration of FIR against the respondents 5 to 7 for commission of offences under Sections 376/376-C read with Section 34 RPC. Learned Chief Judicial, Jammu after going through the complaint and being satisfied that the commission of cognizable offence was disclosed against the responde
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