Anil Chalgotra vs Union Territory Of J&K & Others
2021 Latest Caselaw 461 j&K

                                      h475




                                                                 S.No.123
             HIGH COURT OF JAMMU AND KASHMIR
                          AT JAMMU
                   (through video conferencing)

                                                CRM(M) No.218/2021
                                                CrlM Nos. 588 & 589 of
                                                2021

Anil Chalgotra                                                ...Petitioner(s)

                           Through:-Mr. K.M. Bhatti, Advocate


      V/s
Union Territory of J&K & others                             ...Respondent(s)
                          Through:-

Coram: HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE

                                      ORDER

Through the medium of instant petition the petitioners has challenged FIR No.49/2021 for offences under Sections 376, 323, 506 IPC of Police Station Nowabad, Jammu.

As per the impugned FIR, respondent No.4, the prosecutrix, has been subjected to forced sexual intercourse by the petitioner on 19.01.2021 at Touch Wood hotel, Jammu. The further allegation in the FIR is that the prosecutrix had initially come in contact with the petitioner way back in the year 2018, when she was minor. Even at that time, she was molested by the petitioner, whereafter she entered into wedlock with some other person.

The petitioner has placed on record a copy of the judgment dated 01.06.2019 passed by the learned Special Judge, Chamba (H.P.), whereby the petitioner herein stands acquitted of the charges for offences under Section 363, 366, 376 IPC and Section 4 of POCSO Act. The said case was initiated on the basis of a complaint lodged by respondent No.4 against the petitioner wherein similar allegations of rape, kidnapping etc were leveled by the said respondent against the petitioner. The subject matter of that case was pertaining to the year 2018. The learned Court while acquitting

the accused has found that respondent No.4 herein (the prosecutrix) had denied the prosecution story in toto and accordingly, the petitioner herein was acquitted.

On the basis of above stated facts, learned counsel for the petitioner has contended that the impugned FIR is absolutely false and frivolous and another attempt on part of respondent No.4 to blackmail the petitioner.

Having heard learned counsel for the petitioner and having perused the documents on record, a case for grant of interim indulgence is made out.

Issue notice to the respondents in the main petition as well as in application for interim relief.

Notice to respondent Nos. 1 to 3 be sent through Mr.Aseem Sawhney, AAG. Learned counsel for the petitioner shall supply a copy of the petition to Mr. Sawhney, who may file his response by or before the next date of hearing.

Notice to respondent No.4 be sent through Director General of Police, J&K.

In the meanwhile, till next date of hearing, further investigation in the subject FIR shall remain stayed.

List on 16.07.2021.

(Sanjay Dhar) Judge

Jammu 09.04.2021 Vinod.