The Jammu & Kashmir and Ladakh High Court recently stayed the police investigation against former Member Legislative Assembly (MLA) Shoaib Lone in a rape case lodged by a woman who claimed to be his wife [Shoiab Lone v Union Territory of J&K]..Justice Rajnesh Oswal said that the investigation, apart from recording of the victim's statement would be stayed. "Subject to objections and till next date of hearing before the bench, the investigation shall stay except to the extent of the recording of the statement of the prosecutrix", read the order..The Court was hearing a plea seeking quashing of a First Information Report (FIR) registered under Sections 376 (rape), 342 (wrongful confinement) and 506 (criminal intimidation) of the India Penal Code. The FIR was registered at Baramulla Police Station on the complaint by a woman who claimed that she was the wife of Shoiab Lone..Lone's counsel argued that the FIR had only been lodged to harass the former lawmaker.On the other hand, government counsel Jahangir Ahmad Dar sought time to file detailed response while submitting that the complainant was repeatedly requested by the police to appear for recording of her statement but she did not turn up..With this, the investigation was stayed and the case was adjourned to June 14. The court also issued notice to the complainant seeking a response from her..[Read Order]
The Jammu & Kashmir and Ladakh High Court recently stayed the police investigation against former Member Legislative Assembly (MLA) Shoaib Lone in a rape case lodged by a woman who claimed to be his wife [Shoiab Lone v Union Territory of J&K]..Justice Rajnesh Oswal said that the investigation, apart from recording of the victim's statement would be stayed. "Subject to objections and till next date of hearing before the bench, the investigation shall stay except to the extent of the recording of the statement of the prosecutrix", read the order..The Court was hearing a plea seeking quashing of a First Information Report (FIR) registered under Sections 376 (rape), 342 (wrongful confinement) and 506 (criminal intimidation) of the India Penal Code. The FIR was registered at Baramulla Police Station on the complaint by a woman who claimed that she was the wife of Shoiab Lone..Lone's counsel argued that the FIR had only been lodged to harass the former lawmaker.On the other hand, government counsel Jahangir Ahmad Dar sought time to file detailed response while submitting that the complainant was repeatedly requested by the police to appear for recording of her statement but she did not turn up..With this, the investigation was stayed and the case was adjourned to June 14. The court also issued notice to the complainant seeking a response from her..[Read Order]