Adnan Hassan Khan vs Irshad Ahmad Kamili

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(J&K) 323

SANJAY DHAR
Adnan Hassan Khan – Appellant
Versus
Irshad Ahmad Kamili – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: Hakim Suhail Ishtiyaq.
For the Respondent: Naveed Gul.

JUDGMENT :

SANJAY DHAR, J.

1. The petitioners have challenged the complaint filed by respondent No. 1 against them alleging commission offences under section 403 and 406 RPC, which is stated to be pending before the Court of learned Judicial Magistrate, 1st Class (2nd Additional Munsiff), Srinagar. Challenge has also been thrown to order dated 15.07.2021 passed by the learned trial Magistrate whereby the learned Magistrate has, after observing that prima facie offences under section 403 and 406 RPC are made out against the petitioners and co-accused issued process, issued against the petitioners.

2. It appears that respondent No. 2, who happens to be the wife of co-accused Farhan Hassan Khan, had filed the impugned complaint before the trial Magistrate impleading petitioner No. 1 and 2, the brothers of her husband, and petitioner No. 3, the mother of her husband, as accused in the said complaint. It was alleged in the impugned complaint that marriage between respondent No. 2 and co-accused Farhan Hassan Khan, had taken place in the month of July, 2016. It was further alleged that respondent No. 2/complainant was continuously tortured and harassed by the accused persons in connection w