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2017 DIGILAW 835 (JK)

Lal Khan v. State

2017-09-13

SANJAY KUMAR GUPTA

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JUDGMENT : MP No. 01/2016 1. As the reasons stated in the application, the same is allowed and the applicant is impleaded as respondent No. 4. 2. MP No.01/2016 is disposed of. 561-A No. 157/2014 3. Petitioner has filed this petition seeking quashment of FIR No. 34/2014 dated 27.04.2014 under sections 420, 467, 468, 471 RPC registered at Police Station Darhal, District Rajouri against the petitioner. It is further prayed that respondent Nos.1 & 2 be directed to constitute a Special Investigating Team (SIT) in order to conduct the investigation of FIR No.33/2014 dated 26.04.2014 under Sections 379, 427, 447, 458, 188 RPC because petitioner has no faith on respondent No.3. 4. It is stated in the petition that on 28-29/03/2014 Mohd. Farooq & other accused persons, dishonestly with the intention to cause damage, trespassed over the land of petitioner without his knowledge and flagrant violation of the court order taken away the grass to cut from the field and set ablaze the rest of the standing crop and other belongings pertaining to the petitioner causing the huge damage to the petitioner then the petitioner approached to concerned Police Station i.e. respondent No. 3, but no action has taken by them then the petitioner moved the applications under section 156 (3) of Cr.P.C. on dated 03.04.2014, 24.04.2014 and finally on dated 26.04.2014 when action has taken by the respondent No. 3 against the accused person and an FIR No. 33/2014 dated 26.04.2014 under section 420,467,468,471 RPC against the petitioner without any reason and rhyme based over the Surmises and conjecture of the complaint whereas, a civil suit is pending before the court and the veracity of the documents cannot bring into the question unless it is duly verified therefore action on the part of the respondents is totally against the law and the abusement of the process of law. Therefore filed this petition for the quashment of the FIR bearing No. 34/2014 dated 27.04.2014. 5. This petition has been filed solely on the ground that respondent No. 3 as a counter blast to FIR No. 33/2014 has filed FIR No. 34/2014 in order to implicate the petitioner herein. 6. I have considered the grounds mentioned in the petition and also gone through the status reports furnished by the Police Station in both the FIRs. 5. This petition has been filed solely on the ground that respondent No. 3 as a counter blast to FIR No. 33/2014 has filed FIR No. 34/2014 in order to implicate the petitioner herein. 6. I have considered the grounds mentioned in the petition and also gone through the status reports furnished by the Police Station in both the FIRs. From the perusal of status report filed in FIR No. 34/2014, it reveals that accusation against the petitioner is that on 27.04.2014 complainant namely Farooq Mohd. S/o Sh. Said Mohd. R/o Patta Thana, Tehsil Darhal, reported at Police Station Darhal and produced an application duly endorsed by learned Judicial Magistrate Ist Class Thanamandi under Section 156(3) Cr.P.C. to the effect that the complainant along with other brothers are owners as well as in peaceful possession of land under survey No. 1379 measuring 5 kanals and 1 marla situated at village Chowkian Tehsil Darhal and copy of Khasra Girdawri Rabbi 2012 is enclosed wherein the father of the complainant namely Said Mohd. has been shown as owner in the column of ownership and after the death of father of the complainant a mutation of inheritance vide No.1394 has been attested in favour of complainant along with his brothers in equal share. That the accused person namely Lal Khan S/o Sh. Said Mohd. R/o Patta Thana is always inimical towards the complainant and claim the said piece of land as his own on the assertion that the father of the complainant namely Said Mohd. S/o Sh. Faqir Mohd. had sold this piece of land for sum of Rs. 1.50 lacs in the year 20.06.1995 and in this regard the father of the complainant had also executed an Agreement to Sell which had been registered in the register of late Sh. Ch. Abdul Majeed, Advocate, Notary. The accused person on the basis of this had also filed a civil suit in the Court of learned Judicial Magistrate Ist Class Thanamandi. However, when the complainant got the knowledge about this document he obtained the certified copy of the same and after comparing both the documents found that the contents of both the documents are different, as such, the document produced by the accused is self creation of the accused merely to grab the land of the complainant and had committed the offence of forgery with regard to public document. 7. 7. From bare perusal of above stated facts narrated in the status report, a case for cognizable offence under Sections 420, 467, 468, 471 RPC is made out, which requires detailed investigation. 8. So far as status report filed in FIR No.33/2014 is concerned, it has been stated that offences under section 379/447/427/458/188 RPC stand established against the above said accused persons. It has been further submitted that in the instant FIR one of the accused namely Abdul Gani S/o Sh. Lal Hussain is yet to be arrested as such the said challan could not be produced in the competent Court of law and after effecting the arrest of the said accused the challan will be filed in the competent court of law shortly. So there is no need for constituting a SIT for investigation of FIR No.33/2014 as prayed. 9. The petitioner may take all the grounds taken in this petition before the Court below at the time of framing of charge. This petition is dismissed accordingly. 10. Interim directions, if any, shall stand vacated.