HC stays investigations in Rape, Cheating Case
18/10/2017
JAMMU, Oct 18: High Court of Jammu and Kashmir at Jammu Bench comprising Justice Janak Raj Kotwal has Stayed the Investigation in F.I.R No. 20 /2017 of police station Arnas Reasi under section 420, 376, 506 R.P.C for Cheating , Rape and Criminal Intimidation.
This direction was passed by the Bench of Justice Kotwal after hearing Mr. Aseem Sawhney Advocate for the petitioner Rattan Singh . The Court directed that upon hearing counsel for the petitioner and having regard to the contents of the FIR, in particular the circumstances in which the offence of rape is alleged to have been committed by the petitioner, a prima facie case for showing indulgence has been found. Further the Court impleded informat / complainant as the party respondents No 2 and directed " as ad interim, subject to objections and till date before the Bench, investigation in FIR No 20/2017 of Police Station , Arnas shall stay".
Adv Sawhney submitted before the Court that the petitioner is a S.P.O ( Special Office Officer) in J&K Police and has been implicated in false and frivolous FIR at the behest of the complaint lady . Mr. Sawhney Advocate submitted that the petitioner knew the complaint from childhood and both belong to the same village and complainant used to send him, love letters. Never has he ever had Sexual relations with her or raped her. They remain friends for quite long time and they broke up three years back. Infact complaint kept calling on telephone the petitioner but Rattan Singh ( Petitioner ) avoided the call as she kept pressing him to get marry with her. After three years when petitioner was engaged to another lady in a function organized in the village the complainant lady this false and frivolous complainant and rape out of anger and frustration moving going to the Reasi Judicial Magistrate. Therefore the investigation in the complaint is sheer abuse of process of law submitted Mr Aseem Sawhney Advocate.
On hearing the submissions coupled with Supreme Court Judgments and the Judgments of J&K High Court cited by Mr. Aseem Sawhney Advocate the Court stayed the investigation in the rape and cheating case with lady. JNF
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