By M Ahmad
Srinagar- Observing that inherent powers under section 482 CrPC are to be exercised sparingly, the High Court of J&K and Ladakh has declined a petition by a Kupwara resident, challenging a case filed against him for alleged rape and recording of nude videos of a woman who had sought help from him to get her brother released from jail.
“A bare perusal of the complaint whereunder the impugned FIR has originated …..would reveal that the complainant ….in unequivocal and explicit terms has alleged the commission of offence of rape besides the offence of cheating and criminal intimidation against the petitioner herein (accused),” a bench of Justice Javed Iqbal Wani said.
“Whether the allegations in the FIR make out a cognizable offence or not or whether the said allegations are genuine or unfounded is not to be looked into by this court at this stage as the veracity or otherwise of the said allegations and counter allegations leveled by the accused petitioner herein ought to be looked and inquired into by the investigating agency vested with the power thereof,” the court said, adding, “A plain reading of the FIR would prima facie disclose the commission of a cognizable offence under sections 376, 420 and 506 IPC alleged by the (woman).”
Consequently the court declined to exercise its inherent powers under section 482 Cr.PC to quash the FIR and dismissed the petition.
According to police, the case (FIR 97/2023) was registered on 9 May 2023 with police station Kupwara for commission of offences under section 376, 420 and 506 IPC based on a complaint by the woman.
She had alleged that her brother was lodged in a jail outside J&K and she being an uneducated lady approached the accused, Irshad Ahmad Ganie, being known to her, for extending help in getting her brother bailed out. The woman also alleged that she paid Rs. 3 lakhs to the Ganie, and that he several times molested her and committed rape on her without her consent. Besides she alleged that the accused recorded her nude videos and photographs and threatened her that in case she discloses the same to anyone, he will upload the videos and pictures on social media besides showing them to her in-laws and her husband.
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