Vinod Prasad - (1.) I have heard learned counsel for the applicant, learned A.G.A. and perused the record of this case.
(2.) THIS is a most surreal case, which has come before me. Victim Shabnam has filed this application, being aggrieved by the order dated 1.8.2009, by which Judicial Magistrate, IInd Court No. 14, Saharanpur, has refused to direct the police to register her F.I.R. with the allegations that father-in-law of the victim, Irshad has ravished her chastity. The allegations, which was levelled by the applicant victim, are that she is the wife of Mustqeem who is son of Irshad (accused). In the night between 18/19.6.2009, at 3 a.m. the applicant victim all alone was sleeping in her room, as her husband had gone out. Because of summer heat, she had kept door of her room open, when her father-in-law, Irshad (accused) entered into her room, caught hold of her, scratched her breasts and after gagging her mouth, raped her. Victim resisted in vain and she became fainted because of the ghastly ignominious act of the accused. Next day morning, victim informed the incident to her mother-in-law Bindi, who advised her for not disclosing the incident to any body, as it was a matter of temerity. Victim, therefore, phoned her mother, who arrived alongwith Muneer, brother-in-law of the victim to her on a motorcycle. Irshad (accused) had meanwhile fled away from the village. As the condition of the victim was deteriorating, she was got medically examined in District Hospital, by her mother. Thereafter, victim went to the Police Station, Nakur, but the police refused to register her F.I.R. Victim moved an application to Senior Superintendent of Police, Saharanpur also but no action was taken on the said application as well. Left with no option, victim approached the Judicial Magistrate, IInd Court No. 14, Saharanpur, through an application under Section 156 (3), Cr. P.C. annexering her medical examination report levelling the aforesaid allegations and seeking direction for the police to register her F.I.R. By the impugned order dated 1.8.2009, Judicial Magistrate, IInd Court No. 14, Saharanpur refused to direct the police to register the F.I.R. and instead registered her application, as a complaint case and directed her to lead evidence under Section 200, Cr. P.C. Hence the present application, with the prayer to quash the impugned order dated 1.8.2009, passed by the Judicial Magistrate, IInd Court No. 14, Saharanpur.
(3.) A perusal of the Medical Examination Report dated 19.6.2009 of the date of the incident, indicate that the victim was medically examined at 11.30 a.m. and following injuries were found on her body : 1. Red abrasion 3 cm. x 2 cm. on left side chest 7 cm. below left clavicle. 2. Red abrasion 2.5 cm. x 2 cm. on the right side of chest 8 cm. below left clavicle. 3. Red abraded contusion 4 cm. x 2 cm. right shoulder. 4. Red abraded contusion 5 cm. x 2 cm. on the right side of back of chest. 5. Red abraded contusion 6 cm. x 1 cm. right side back of abdomen. In the opinion of the Doctor injuries 1 to 5 were caused by hard blunt and frictional object. Duration was fresh and it were simple in nature.;