CRMC No. 250/2011 Page 1 HIGH COURT OF JAMMU AND KASHMIR AT JAMMU CRMC No. 250/2011, IA No. 280/2011 Ghulam Haider and ors. vs State of J&K and ors. Coram: Hon’ble Mr. Justice Sanjay Kumar Gupta, Judge Appearing counsel: For Petitioner(s) : Mr. Asheesh Sharma, Advocate vice Mr. B. S. Salathia, Sr. Advocate For respondent (s) : Mr. F. A. Natnoo, AAG vice Mr. A. M. Malik, Dy.AG i) Whether to be reported in Digest/Journal : Yes/No. ii) Whether approved for reporting in Press/Media : Yes/No. 1. This petition is of the year 2011. 2. The case of the petitioners is that petitioner No. 1 is working as daily wager in the Rural Development Department. The petitioner No. 2 is a house wife, whereas petitioner No. 3 is working as Auto driver in a factory at Jammu. The petitioner no. 4 is also driver by profession, petitioner No. 5 is a labourer whereas petitioner No. 6 is a housewife and sister-in-law of petitioner No. 1 and residing with his husband at Gujar Nagar Jamumu. It is stated that Miss Shatia Bano is the daughter of petitioners No. 1 and 2 and sister of petitioners No. 3 to 5 and petitioner No. 6 is her aunt. It is further stated that one Imtiyaz Bashir son of Sh. Mohd Hanief i.e., respondent No.3 herein enticed the daughter of petitioners No. 1 and 2 i.e. Miss Shafia Bano and took her away from her house and thereafter as per the Muslim rites, ceremonies and Shariat performed Nikha at Udhampur on 08.06.2011 out of their free will and consent CRMC No. 250/2011 Page 2 and moreover they also executed the marriage agreement and affidavits on 09.06.2011 at Udhampur. 3. It is contended that the petitioner No. I after missing her daughter from the house went to the police station to lodge the report about her missing but the police of police station, Doda declined to lodge the report and told the petitioner No. I to search her at her relatives and friends houses. The petitioners inquired from the friends and relatives about Miss Shatia Bano but in the meantime the petitioner No. I received copies of the Nika Nama, marriage agreement and affidavit through post and thus came to know about the marriage of his daughter with the son of respondent No. 3.、It is stated that petitioner No. I informed the concerned police about the marriage of his daughter with the son of respondent No. 3 and requested the concerned police for lodging of FIR against the respondent No. 3 and his son, namely, Imtiyaz Bashir, however, the Police concerned did not lodge the report of the petitioners and the respondent No, 3 who was having the knowledge of marriage of his son with the daughter of petitioner No. I in order to save himself from the rigors of law filed a false and frivolous complaint on 20.06.201I under Section 156 (3) Cr. P.C in the court of learned Judicial Magistrate Ist Class Kishtwar for directing the SHO Police Station, Kishtwar for lodging FIR against the petitioners for kidnapping his son. That the learned Judicial Magistrate Ist Class Kishtwar on 20.6.2011 itself on the complaint of respondent No. 3 directed the respondent No. 2 to take necessary action as warranted under law. The police Station Kishtwar on receipt of order on 01.07.2011 without conducting preliminary inquiry registered the FIR No. 1582011 dated 01.07.2011 under Sections 380/363/364/367 RPC despite the knowledge that the son of respondent No. 3 has solemnized marriage with the daughter of petitioner No. I. It is stated that the respondent No. 2 after registration of the above said FIR is bent upon to arrest the petitioners and has deputed the police party in this regard. It is submitted that after the marriage, the son of respondent No. 3 and daughter of the petitioner No. I are residing jointly at the house of respondent CRMC No. 250/2011 Page 3 No. 3 and the respondent No. 3 is conscious of this fact but still concocted and manipulated a false story in order to harass the petitioners which resulted in registration of an FIR without any basis. 4. At the time of entertaining this petition this Court vide order dated 12.10.2011 directed the respondents 1 and 2 not to arrest the petitioners in connection with case FIR No. 158/2011 under Section 380,363/364 and 367 RPC registered with Police Station, Kishtwar. 5. No serious efforts have been made by the respondent-State as well by the petitioner to contest the instant petition and this Court has not stayed the investigation of the matter, so instant petition is disposed with a direction to the official respondents to produce the challan before the competent Court if same has not been produced as on date. 7. Interim direction dated 12.10.2011 is made absolute. 8. Petition disposed of alongwith connected IA stands disposed of, as above. (Sanjay Kumar Gupta) Judge Jammu 13.12.2018 Bir