21.12.2024
1. In the instant petition, petitioners are aggrieved of the complaint filed by
the respondent under Section 406 IPC titled “Maryama Akhter v.
Muzaffer Hussain Farooqi & Ors” before the Court of learned Judicial
Magistrate, Bandipora and also the order of cognizance dated 11.11.2024
passed therein.
2. It is stated by learned counsel for the petitioners that the essential
ingredients of the offence punishable under Section 406 IPC are neither
alleged nor made out against the petitioners but despite that Court of
learned Judicial Magistrate, Bandipora, has taken cognizance of the
complaint filed by the respondent.
3. It is further stated that the order dated 11.11.2024 is perfunctory,
perverse and self-contradictory. After receipt of a criminal complaint, the
Magistrate may either take cognizance of the offence by issuing process
against the accused and examined the complainant upon oath or
postpone issuance of process in terms of Section 202 Cr.P.C read with
Section 225 of BNSS, 2023, but the Magistrate has taken the cognizance
of the matter by recording the preliminary statement of the complainant
and also issued the process against the accused and at the same time
issued direction to the concerned SHO for filing report which is not in
consonance with the law.
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