By means of the present criminal miscellaneous
application under Section 482 of the Cr.P.C., the applicant
has sought setting aside of cognizance order dated
16.07.2022 as well as Charge Sheet dated 5.07.2022 and
further setting aside of the Special Sessions Trial No. 82 of
2022 (FIR No. 0029 of 2022), “State versus Tafseer Ahmad
Saifi” under Sections 376 (2) (n), 323 & 506 of IPC &
Sections 3/4 of the Dowry Prohibition Act, 1961 at Police
Station Bhimtal, District Nainital, pending in the court of Ld.
2nd Additional District & Sessions Judge, Nainital.
2. Brief facts of the case are that an FIR was lodged
on 10.05.2022 against the applicant which was registered as
FIR No. 0029 of 2022, under Sections 376 & 506 of IPC at
Police Station Bhimtal, District Nainital, alleging therein that
the victim was working in Krishna Hospital, Rudrapur in the
year of 2016-17, the applicant as well as alleged victim came
in touch there and thereafter at several times and at several
places on the pretext of marriage, the applicant made
physical relations with the victim. It is further alleged that
when the victim asked to marry, the applicant and his sister
threatened the victim with dire consequences and further
threatened regarding making viral of the obscene videos. It is
further alleged that on 27.05.2021 an engagement took place
at the house of the applicant whereby certain articles as well
as cash was given from the side of the alleged victim and
again after six months the applicant as well as his family
members demanded dowry and were threatening the victim
with making videos viral on the internet.
