SRINAGAR: The Excessive Courtroom of Jammu and Kashmir and Ladakh has intervened to remain a Jammu court docket order requiring the registration of a First Data Report (FIR). The FIR, issued in October 2023, included costs of “adultery” amongst different offences, regardless of the Supreme Courtroom deeming the adultery regulation unconstitutional in 2018.
Justice Wasim Sadiq Nargal expressed the view {that a} prima facie case justifying a keep on the October 2023 order by a judicial Justice of the Peace in Jammu had been established.
The Courtroom, subsequently, stayed the order, summoned the related information of the case for perusal and issued discover within the matter.
The plea offered to the Courtroom contested the October 27, 2023 order by the 2nd extra Munsiff, Jammu. This order mandated the registration of an FIR, citing offences below Sections 120-A (prison conspiracy), 312 (inflicting miscarriage), 313 (inflicting miscarriage with out a girl’s consent), 497 (adultery), 506 (punishment for prison intimidation), and 509 (phrase, gesture or act supposed to insult the modesty of a lady) of the Indian Penal Code.
Amongst these accused within the case have been family members of the implicated man.
“In respect of the now struck down offence of ‘adultery’ below Part 497 of the IPC, the FIR was ordered to be registered, regardless of the Supreme Courtroom declaring the availability as unconstitutional,” argued the counsel for the petitioners.
In response, the members of the family (petitioners) filed a petition with the Excessive Courtroom to annul the Justice of the Peace’s October 2023 order. They argued that the criticism was false and baseless, asserting that they’d been unnecessarily embroiled in prison proceedings. (BarandBench)
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