A Chandigarh based girl has sought the reopening of a probe in rape case, she has alleged fraud and deceit in the same case.
The High Court of J&K comprising of Justice Bansi Lal Bhat has called for the Record of the Final Closure Report from the Chief Judicial Magistrate Rajouri in case FIR no. 263/2010 Police Station Rajouri, in a petition filed by a Rape Victim (name withheld).
A K Sawhney Advocate with Aseem Sawhney Advocate appeared for the petitioner, while as Gagan Basotra Sr AAG appeared for the State and P N Raina assisted by K D S Kotwal appeared for the accused- respondents Dr Javed Iqbal son of Mohd Abdullah resident of Nadian Teh Dharal Distt Rajouri, Zaffer Iqbal son of M Abdullah resident of Nadian Teh Dharal Distt Rajouri, Mohd Qassam son of Sultan Mohd, resident of D C Colony Rajouri.
Pertinently a petition has been filed by Miss “S” (name withheld) belonging to Chandigarh through her counsels A K Sawhney Advocate with Aseem Sawhney Advocate submitted before the Court that she is a hapless victim of cheating, rape, sexual, physical, emotional, mental and financial exploitation by the respondent no. 3 and his accomplices.
By virtue of the present petition, the petitioner victim has prayed for setting aside the Order dated February 28, 2012 passed by the CJM Rajouri whereby the Court has accepted by the Final Closure Report of the Police in investigations in case FIR no. 263/2010 registered in Police Station Rajouri under sections 376/420/501/120 B wherein the petitioner was the informant/ complainant.
A K Sawhney has further pleaded in the petition that legally the Closure Report could not have been accepted by the Ld Court for the reasons that the investigations in the said FIR no. 263/2010 Police Station Rajouri were kept in abeyance by the High Court on August 11, 2010 in a petition filed by the respondents no. 3, 4 and 5.
As per a statement the said petition is still pending and interim order of the High Court still in vogue but over reaching the order of the High Court and without seeking permission from the Hon’ble Court the said investigations could not have been concluded. Respondents have hoodwinked the process of law and polluted the purity of stream of administration of justice system by suppression of facts, concealment of orders and using the orders/ process for their benefit. Same constitutes perjury as well as criminal contempt of Court, as held in several judgments of the Supreme Court and many High Courts of the country.
It further reads that as per settled law the closure report could not have been accepted without a notice to the petitioner who was complainant/ information, and giving an opportunity to file protest application or recording her statement but neither the Investing Officer/ Police / respondent no. 2 issued any notice to the petitioner nor the Ld Court at the time of accepting the Closure report. So much so the petitioner at one stage appeared before the Ld Court on November 2, 2011 and filed an application seeking opportunity to file protest application and praying for further investigation and vakalatnama of her counsel and opposed the acceptance of the final report but sill without affording any opportunity to make submissions or file a protest petition the Closure report was accepted by the Ld Court, without even mentioning about this application or the proceedings which is illegal, against the established principles of law laid down by the Supreme Court and High Court from time to time and principles of natural justice, the counsel for the girl A K Sawhney submitted.
It was pleaded that the petitioner after discovering that one petition filed by Dr Javed Iqbal and others was pending in the Court examined the same, and to her utter shock and surprise the respondent no. 3 who is habitual of cheating, committing fraud, deceit had in this petition also annexed forged and fabricated documents and on learning about these documents, the petitioner moved a complaint against Dr Javed Iqbal- respondent no. 3 and Mohammad Abdullah and Gulzar Hussain, through Chief Judicial Magistrate Jammu dated November 21, 2012 to the Police Station Janipur Jammu wherein the CJM Jammu directed the SHO Police Station Janipur Jammu to investigate the matter if cognizable offence found committed. On this complaint the FIR stood registered by the concerned Police.
“To put the facts straight the case FIR was allegedly closed for the reason that the petitioner was deceitfully trapped and marriage was contracted by the respondent no. 3 and the petitioner. In fact the respondent no. 3 had only contracted the marriage just to come out of the clutches of this FIR under Rape charges,” reads the statement.
It also reads that the Respondent no. 3 had cleverly and cunningly manipulated things in his favour in such a way that even forged documents were prepared to be filed in the Court to seek stay of investigations/ proceedings in the present FIR submitted the victim girl’s counsel before the High Court.
Justice Bansi Lal Bhat after hearing the submissions of the counsel has directed the Registry to call for the records of the Final Closure report and directed the matter to be listed in week commencing September 09, 2013 for further proceedings. The other connected matters were also directed to be listed that day as per an order dictated in the open Court