Srinagar, May 29: High Court stayed the investigation of FIR registered against former Member Legislative Assembly (MLA) Shoib Nabi Lone in sexual assault case and kept it open for the prosecutrix for making her statement before the prosecution with regard to incident.
Justice Rajnesh Oswal stayed the process of investigation into the FIR No. 96/2023 registered with the police station Baramulla against the accused Lone for commission of offences Under Section 376 (Sexual assault), 342 (wrongful confinement) and 506 (criminal intimidation) at the instance of prosecutirx.
The prosecution counsel submitted that he had received telephonic information from the concerned police station that Lone had been sexually assaulting the complainant for the last one year and an effort was made to arrest him but he could not be traced.
He further added that the victim was repeatedly requested to appear for recording of her statement, but she did not turn up. “In the meanwhile, subject to objections and till the next date of hearing before the Bench, the investigation shall stay except to the extent of the recording of the statement of the prosecutrix”, Justice Oswal directed.
Lone challenged the said FIR and sought its quashment on the ground that the complainant-prosecutrix has lodged the FIR against him just to harass him and she has been filing several complaints against him.
He stated that in the complaint filed before Police Station Rajbagh Srinagar, the complainant had claimed herself to be the wife of the petitioner. He further submits that she cannot take different pleas in different proceedings and that no date, place of occurrence has been mentioned in the FIR in question.