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2022 Supreme(J&K) 43

SANJAY DHAR
Aijaz Ahmad Jahra – Appellant
Versus
UT of J&K – Respondent


Advocates Appeared:
For the Petitioner:Mr. Altaf Mehraj, Advocate.
For the Respondent: Mr. Satinder Singh Kala., AAG.
For the Respondent:Mr. S. R. Hussain, Advocate.

JUDGMENT :

1. The petitioners have challenged order dated 21.09.2021, passed by Judicial Magistrate 1st Class (Sub Judge), Chadoora, in a complaint filed by respondent No.2 against them. Vide the aforesaid order, the learned Magistrate has, while exercising his power under Section 156(3) of the Cr. P.C, directed registration of FIR and investigation of the case. Challenge has also been thrown to FIR No.162/2021 for offences under Section 376, 354, 109, 120-B IPC registered by Police Station, Chadoora, pursuant to the impugned direction of the learned Magistrate.

2. It appears that respondent No.2 had filed a complaint before the trial court alleging commission of offences under Section 376, 354, 109, 120-B IPC against petitioners. In the complaint it was alleged that the petitioner No.2, who happens to be the mother-in-law of respondent No.2, has committed acts of domestic violence upon her. It was further alleged that on 17.06.2021, when the husband of respondent No.2/complainant was not present in the house, at around 10.30 pm, petitioner No.1 offered a glass of milk to respondent No.2/complainant and when she took the milk, she became unconscious. It was further alleged that at

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