Nasar Hussain And Others vs Union Territory Of J&K And Others

Tashi Rabstan, J

Issue notice to the respondents. Mr. Arshad Majid Malik, Dy.AG waives notice on behalf of the respondent.

This is an application filed by the applicants, in terms of Section 438 of the Code of Criminal Procedure, for grant of anticipatory bail on the grounds that respondent has allegedly lodged a false and frivolous FIR at Police Station Rajouri against them and is harassing the applicants unnecessarily. It is contended that the applicants are businessmen and having shops at Bantalab, Jammu and have every apprehension of being arrested by the Police at any moment and in case they succeeded in arresting the applicants, the personal liberty of the applicants will be curtailed and they will be bound to suffer an irreparable loss. It is further contended that the accusations against the applicants are not only false, but, willful and have been made only to humiliate and malign the reputation of the applicants by getting them arrested.

The respondents have filed status report contending therein that on 22.05.2020 complainant, namely, Mohd Sakhi lodged a written complaint at Police Station, Rajouri stating therein that on 21.05.2020 at about 2200 hrs, his wife, namely, Zahida Kouser resident of Ladote went missing from home. It is contended that earlier, a Mobile phone was recovered from the possession of wife of Mohd Sakhi in which a Mobile No.7006348566 was saved on the name of Nissar Hussain son of Mohd Shafi resident of Rehan (Sora Gala) Tehsil Koteranka. It is also contended that frequent calls have been received from this number, thereby aforementioned person tried to ruin their family. During the course of inquiry a call was made on the number aforesaid by the E/O to ascertain whether Nissar Hussain is involved in the matter or not, but, later on it was found that missing lady was residing with her parents at Ladote and phone number of Nissar Hussain son of Mohd Shafi resident of Rehan was switched off. However, no FIR has been registered against Nissar Hussain son of Mohd. Shafi resident of Rehan (Sora Gala) Tehsil Koteranka in this Police Station. It is also contended in the report that no complaint or FIR has been registered against person, namely, Zakir Hussain son of Wali Mohd resident of Rehan Tehsil Koteranka, Distt. Rajouri. Photocopy of the complaint is annexed with the status report.

Learned counsel for the applicants submits that despite no complaint or FIR having been registered against the applicants, personnel of Police Station, Rajouri are unnecessarily harassing the applicants.

In view of the status report filed by the respondent wherein it is mentioned that no FIR or complaint has been registered against the applicants in Police Station, Rajouri, I deem it proper to dispose of this application with a direction to the SHO, Police Station, Rajouri not to harass the applicants unnecessarily.

Disposed of as above along with connected CrlM(s) if any.