Judge files quashing petition against FIR

Sub Judge files CD in sealed cover to expose blackmail by complainant

19/01/2018



JAMMU, Jan 18: In the much publicised case of a Sub Judge against whom the Janipur Police has registered an FIR for cheating and rape, the accused Judge has also filed a quashing petition under section 561 CrPC though his Advocates A K Sawhney and Aseem Sawhney with Shiv Dev Thakur, Anil Sharma and Rohit Verma Advocates before the High Court of J&K Jammu.
It was submitted by the petitioner- Sub Judge Abrol through his counsels Mr A K Sawhney and Aseem Sawhney that he is is victim of blackmail, vengeance and malafide action of complainant; and the respondents have in sheer haste registered this false FIR without conducting a pre liminary inquiry as mandated under magna carta - Lalita Kumari's Judgment delivered by the Constitution Bench of the Apex Court wherein it has been held that where there is an inordinate delay in reporting the matter a preliminary inquiry should be first conducted to examine the matter as to whether any offence has actually occurred or not but unmindful of the law of the law as enunciated by the Apex Court the respondents have hastily registered this impugned FIR and the complainant and her instigators and conspirators have been given a handle to seek media publicity to damage and ruin the career and life of the petitioner and in case the bail is not granted to the petitioner, the petitioner's life, reputation and career shall suffer an irreparable loss and bring a death blow to the petitioner and even the pious institution where the petitioner serves as a humble servant.
He submitted that his marital life and health have been suffering from last several years and he is a Cancer patient and undergone 12 cycles of Chemotherapy. In the petition it has been submitted that Judge- Petitioner and his wife lived separately from December 2009 till January 2017 i.e. approx. 7 years. and as a matter of fact in 2013, the Petitioner was detected with Lymphoma Cancer, when the Petitioner was alone and deserted by the wife. Petitioner had no one to take care and was a destitute. Despite knowing that the petitioner was detected with Cancer the wife never came for even getting the Petitioner treated or to know about his well being etc.
The Judge in his petition has submitted that the allegations levelled in the FIR are totally false that the petitioner got her divorced and then married her, since now it has come into the notice of the petitioner that the complainant is habitual black mailer and has exploited people for the sake of benefits, money and status. Till the time the petitioner was nice with her, she was pinning hopes on the petitioner but as and when the petitioner settled with his wife regarding whom she knew from day one, she got frustrated and started black mailing the petitioner demanding a house, job, social security etc. When the petitioner refused to budge to her blackmail the complainant has finally used this tactic of bringing death blow to the petitioner's life and career regarding which she was threatening the petitioner from quite a time and indicating that she would teach the lesson of his life in case the petitioner does not kneel before her and fulfill her demands, which in legal terms is extortion. Had the petitioner kept fulfilling her demands, there was no offence of 375 /376 RPC but since the petitioner dared to refuse to bow down the misuse of law has been attracted.
In the entire complaint neither any day, date or any specific incident of any rape or sexual intercourse has been submitted which is a sine qua non of criminal proceedings and while she as living with the petitioner from 2015 and left in September 2016 but has failed to submit as to why she kept since from last more than 2 years and what prompted her now to file the FIR at this stage. The reason is more than obvious that the petitioner stopped succumbing to her black mail and did not buy her a house, and other benefits therefore the complainant has now resorted to abuse of the legal process, which is meant for innocent people and not black mailers and misusers of law like complainant on instigation and conspiracy with others submitted Mr A K Sawhney and Aseem Sawhney in the said petition seeking quashing.
The Judge in his petition has also attached certain audio/video evidence in a CD which contained ample material to show that the complainant tried to extract money from the petitioner and tried to black mail her demanding to get a job, house, jewellers and even threatened him of dire consequences in case the demands were not fulfilled. The Judge's lawyer Mr Aseem Sawhney has produced the CD in sealed cover with the petition.It was further averred that recordings are audio and video and at the moment owing to technical issues the audio recordings sent on watsapp messaging to the petitioner by the complainant are being filed herein for the kind perusal of the Court which reveal that the entire enter exercise is being done for sake of house, money, job and other leisures of life and therefore the same is a clear case of extortion. It was further alleged that it seems that over zealous complainant and her companions are busy not only in exploiting the situation and condition of the petitioner but also making extra efforts on social media and media platforms to bring a tsunami of defamation and obloquy in the life and career of the petitioner. While the impugned FIR was registered on 12.1.2018 the campaign against the petitioner had already begun in social media and print media for obvious reasons and to sensationalize the case and gain publicity out of the matter, and hold a media trial.

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