High Court

3. The learned counsel for the applicant has submitted that the F.I.R. was lodged by the Respondent No.3 under Section 354 I.P.C. against the applicant narrating therein that when she was returning home on 31.07.2022 from the Mazaar, the applicant near Shahida Girls Inter College dragged the applicant by holding her hand and behaved indecently with her and asked her being a widow to have relation him. On shouting of the applicant, the people gathered around, the applicant then ran away from the scene.

4. It is further submitted by the learned counsel for the applicant that the incident was alleged to be of 31.07.2022, whereas the F.I.R. was lodged on 02.08.2022 at 5.00 PM, without explaining the delay for the same.

5. It is further submitted that during the investigation the complainant / informant had improved her case by giving statement under Section 161 Cr.P.C and the chargesheet was filed by adding Sections 376 and 511 I.P.C.

6. It is further submitted that the F.I.R. was lodged with vengeance and with a malafide intention for the reason the respondent No. 3 is an imposter, imposing herself to be the wife of deceased brother-in-law i.e. Late Suburullah Khan, who had expired on 20.04.2021 due to Covid-19, just to grab the property.

7. It is further submitted that that in the year 2021, the respondent/complainant has filed four cases under Section 34 of the U.P. Revenue Code, 2006 for the purposes of mutation of her name in the revenue records for the property, in the name of the deceased Suburullah Khan alleging herself to be his wife. In the said cases, the objections were filed by the mother of the deceased i.e. the mother-in-law of the applicant bringing on record each and every document showing therein that his son died unmarried and the respondent/complainant had never ever married to the deceased son/ brother-in-law.

8. It is further submitted that immediately after the said objections filed by the mother-in-law of the applicant, the complainant through one Sri Akibullah Khan made a complaint to Hon'ble Prime Minister, indicating therein that Shri Akibullah Khan, the complainant is helping the respondent/ complainant whose property is being grabbed by the mother-in-law of the applicant and the applicant. On the said complaint, after an inquiry, the report was submitted that the said complaint is baseless, the copy of the report submitted is being enclosed at Page No.100 to the present application.

9. It is further submitted that thereafter the complainant/ respondent moved an application before the Sub-Divisional Magistrate on 26.05.2022 making the same allegation of forcible possession of the property by the applicant and his mother-in-law. On the said compliant, after investigation, the police had submitted a report to the Sub-Divisional Magistrate indicating therein that complaint is baseless and also showed that one Fiddan is the husband of the complainant/respondent. Thereafter, the complainant/ respondent made a complaint to Hon'ble Chief Minister on 31.05.2022 and on her complaint, the inquiry was conducted and the report was submitted that the complaint is found to be baseless, the copy of the report is at Page 107 of the affidavit filed alongwith the application, thereafter an F.I.R. was lodged against the mother-in-law and lastly the F.I.R. under section 354 I.P.C has been lodged against the present applicant.

10. It is further submitted that the documents at Page Nos. 46, 51, 53 and 92 have been enclosed alongwith the present application/petition showing that the complainant- respondent is not the wife of the deceased brother-in-law of the applicant and she is wife of one Fiddan having children from him.

11. It is further submitted that just to pressurize the applicant and her mother-in-law, for the matter relating to civil nature, a criminal case has been lodged.

12. Learned A.G.A. is unable to dispute the submissions raised by the learned counsel for the applicant and prays for three weeks' time for filing counter affidavit.

13. Issue notice to the opposite party No. 3.

14. Learned counsel for the applicant prays for and is granted seven working days' time for taking steps.

15. Office is directed to submit the service report by the next date of listing.

16. After hearing the learned counsel for the applicant and going through the record and the judgement of Hon'ble Supreme Court in the case of State of Haryana Vs.Chaudhary Bhajan Lal, AIR 1992 (Supreme Court) Page 604, prima facie, it appears that the criminal proceedings initiated by the complainant-respondent is manifestly attended with malafide with an ulterier motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge, including matters of dispute of civil nature regarding the property of deceased brother in law of the applicant.

17. List this case in the week commencing 17.03.2025, as fresh.

18. Till the next date of listing, the proceedings of Criminal Case No.11637/2023 and Session Trial No.1138/2023, pending before Additional Session Judge/ FTC-1, Bahraich, shall remain stayed.

19. In case, the steps are not taken within time specified, the interim protection granted by this Court shall not be available to the applicants. Order Date :- 10.2.2025 DiVYa

3. The learned counsel for the applicant has submitted that the F.I.R. was lodged by the Respondent No.3 under Section 354 I.P.C. against the applicant narrating therein that when she was returning home on 31.07.2022 from the Mazaar, the applicant near Shahida Girls Inter College dragged the applicant by holding her hand and behaved indecently with her and asked her being a widow to have relation him. On shouting of the applicant, the people gathered around, the applicant then ran away from the scene.

4. It is further submitted by the learned counsel for the applicant that the incident was alleged to be of 31.07.2022, whereas the F.I.R. was lodged on 02.08.2022 at 5.00 PM, without explaining the delay for the same.

5. It is further submitted that during the investigation the complainant / informant had improved her case by giving statement under Section 161 Cr.P.C and the chargesheet was filed by adding Sections 376 and 511 I.P.C.

6. It is further submitted that the F.I.R. was lodged with vengeance and with a malafide intention for the reason the respondent No. 3 is an imposter, imposing herself to be the wife of deceased brother-in-law i.e. Late Suburullah Khan, who had expired on 20.04.2021 due to Covid-19, just to grab the property.

7. It is further submitted that that in the year 2021, the respondent/complainant has filed four cases under Section 34 of the U.P. Revenue Code, 2006 for the purposes of mutation of her name in the revenue records for the property, in the name of the deceased Suburullah Khan alleging herself to be his wife. In the said cases, the objections were filed by the mother of the deceased i.e. the mother-in-law of the applicant bringing on record each and every document showing therein that his son died unmarried and the respondent/complainant had never ever married to the deceased son/ brother-in-law.

8. It is further submitted that immediately after the said objections filed by the mother-in-law of the applicant, the complainant through one Sri Akibullah Khan made a complaint to Hon'ble Prime Minister, indicating therein that Shri Akibullah Khan, the complainant is helping the respondent/ complainant whose property is being grabbed by the mother-in-law of the applicant and the applicant. On the said complaint, after an inquiry, the report was submitted that the said complaint is baseless, the copy of the report submitted is being enclosed at Page No.100 to the present application.

9. It is further submitted that thereafter the complainant/ respondent moved an application before the Sub-Divisional Magistrate on 26.05.2022 making the same allegation of forcible possession of the property by the applicant and his mother-in-law. On the said compliant, after investigation, the police had submitted a report to the Sub-Divisional Magistrate indicating therein that complaint is baseless and also showed that one Fiddan is the husband of the complainant/respondent. Thereafter, the complainant/ respondent made a complaint to Hon'ble Chief Minister on 31.05.2022 and on her complaint, the inquiry was conducted and the report was submitted that the complaint is found to be baseless, the copy of the report is at Page 107 of the affidavit filed alongwith the application, thereafter an F.I.R. was lodged against the mother-in-law and lastly the F.I.R. under section 354 I.P.C has been lodged against the present applicant.

10. It is further submitted that the documents at Page Nos. 46, 51, 53 and 92 have been enclosed alongwith the present application/petition showing that the complainant- respondent is not the wife of the deceased brother-in-law of the applicant and she is wife of one Fiddan having children from him.

11. It is further submitted that just to pressurize the applicant and her mother-in-law, for the matter relating to civil nature, a criminal case has been lodged.

12. Learned A.G.A. is unable to dispute the submissions raised by the learned counsel for the applicant and prays for three weeks' time for filing counter affidavit.

13. Issue notice to the opposite party No. 3.

14. Learned counsel for the applicant prays for and is granted seven working days' time for taking steps.

15. Office is directed to submit the service report by the next date of listing.

16. After hearing the learned counsel for the applicant and going through the record and the judgement of Hon'ble Supreme Court in the case of State of Haryana Vs.Chaudhary Bhajan Lal, AIR 1992 (Supreme Court) Page 604, prima facie, it appears that the criminal proceedings initiated by the complainant-respondent is manifestly attended with malafide with an ulterier motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge, including matters of dispute of civil nature regarding the property of deceased brother in law of the applicant.

17. List this case in the week commencing 17.03.2025, as fresh.

18. Till the next date of listing, the proceedings of Criminal Case No.11637/2023 and Session Trial No.1138/2023, pending before Additional Session Judge/ FTC-1, Bahraich, shall remain stayed.

19. In case, the steps are not taken within time specified, the interim protection granted by this Court shall not be available to the applicants. Order Date :- 10.2.2025 DiVYa