Muzaffer Hussain Farooqi And Ors vs Maryama Akhter on 21 December, 2024

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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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