IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT SRINAGAR

Reserved on : 22.04.2025 Pronounced on : 15.12.2025 Uploaded on : 16.12.2025

CRM(M) No. 507/2022

CrlM No. 1434/2022

Sunny Kashyap, Age 32 years

S/o Sh. Karam Chand

R/o H. No. 10 Kot (Purkhoo)

Tehsil & District Jammu.

…..Petitioner

Through: Mr. Pranav Sharma, Advocate &

Mr. M. Asif Mir, Advocate

Vs

Union Territory of Jammu & Kashmir

Through SHO Police Station Achabal, Anantnag.

.….Respondent

Through: Mr. Iliyas Nazir Laway, GA.

Coram: HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE

JUDGEMENT

01. Through the medium of this petition, the institution of which is sourced to section 482 of the Code of Criminal Procedure, 1973, the petitioner has come forward seeking this Court to exercise its inherent power to relieve the petitioner from the grip and grasp of an ongoing criminal case which is alleged to be nothing but fractured facts stitched case set up against the petitioner having no legal bearing and justifiability to subject the petitioner to suffer the ordeal if left to run its

trial course.

02. The hard core facts of the case presented in the petition go like this that one Abdul Majeed Shah S/o Abdul Gani Shah, a retired Govt. employee and resident of Badoosa, by a handwritten undated complaint, had reported himself before the SHO Police Station, Achabal on 17.09.2015 at about 14:30 hours seeking thereby lodging of an FIR by stating therein that on 14.09.2015 his daughter, whose name this Court is consciously screening by referring her as Miss X aged about 16-17 years went to market but did not return home whereupon he along with his family members searched for her from relatives/friends but could not trace her only to come to know that she has been forcibly kidnapped by a person, namely, Sunny Kashyap S/o Karam Chand R/o 10- Kot Purkhoo, tehsil & district Jammu for sexual intercourse and had hidden her to some unknown place. Said written complaint by Abdul Majeed Shah resulted in registration of an FIR No. 93/2015 dated 17.09.2015 for alleged commission of offence under section 363 Ranbir Penal Code providing punishment for kidnapping.

03. By reference to lodging of aforesaid FIR, it is pertinent to mention here that the person – Sunny Kashyap named as an accused by the complainant – Abdul Majeed Shah in his said written complaint, is none else than the petitioner in the present petition.

04. Purportedly acting on the basis of said FIR, the Investigating Officer (I.O.) – SI Ghulam Qadir of the Police Station Achabal is said to have recovered the victim-Miss X, the daughter of FIR maker Abdul Majeed Shah, from the possession of the petitioner as being an accused named in said FIR. The fact of recovery of victim Miss X is forthcoming from an undated signed application made by SHO Police Station Achabal to the Medical Officer, Public Health Centre (PHC), Achabal in terms whereof medical examination of victim-Miss X, daughter of the FIR maker Abdul Majeed Shah, was solicited.

05. For very strange reasons, despite having recovered the victim-Miss X from the possession of the petitioner, the I.O. concerned, for the reasons un-gatherable from the record, did not carry out the arrest of the petitioner despite the fact that the petitioner was accused of commission of an offence under section 363 Ranbir Penal Code which being a cognizable offence.

06. The victim-Miss X was medically examined on 18.09.2015 and her age which came to be disclosed and mentioned in the medical examination certificate was then 20 years. Medical examination report further ruled out any recent act of sexual intercourse committed upon the victim-Miss X.

07. The victim-Miss X’s statement under section 164-A of the Jammu & Kashmir Code of Criminal Procedure, Svt., 1989 (1933 A.D.) came to be recorded before the Judicial Magistrate, Ist Class, Shangus on 22.09.2015 by reference to FIR No. 93/2015 with mention of offences now under sections

363/376/343 Ranbir Penal Code.

08. The victim-Miss X in her said statement also referred and record