Abs Infrastructure @APPELLANT@Hash State Of Jammu & Kashmir And Others

By the medium of this petition filed under Section 561_A Cr. PC, the petitioner has sought the indulgence of this Court in quashing the proceedings

initiated by the Crime Branch, Srinagar, against him purportedly initiated upon the directions of the Chief Judicial Magistrate, Srinagar and not to

harass the petitioner or any of his employees.Â

The pith and core of the petition of the petitioner is that in the year 2014, a lease agreement viz-a-viz the land falling under survey numbers

2749/2596 min and 2660/2596 min, 2873/2596 min and 2156 min situate at Khohmoh, Srinagar, was executed in his favour by its owners. The

petitioner has further contended that he had informed the owners that the land is required for the purpose of storage of food grains and, accordingly

the lease deed was executed between the petitioner and the owners of the said land. This deed was duly registered before

the Sub-Registrar, Srinagar, and in pursuance thereof the respondent No. 5, along with other co-owners of the aforesaid property received

payments/rentals from the petitioner. However, to the dismay of the petitioner the respondent No. 5, started interfering into the possession of the

petitioner that formed the subject matter of lease. Thereafter, the respondent No. 5 approached the Court of SubJudge, Forest Magistrate, Srinagar)

and by misrepresentation of facts obtained an order of status quo restricting the operation of the lease deed and raising of any sort of construction

over the said land. The petitioner was surprised to learn that the respondent No. 5 in order to frustrate the proceedings pending before the Civil Court

and in order to harass the petitioner has lodged a false and frivolous complaint against him and the official respondents have initiated action on it. The

petitioner has not been informed whether the action initiated by the official respondents is the outcome of a complaint or the directions extended by the

criminal Court. He was verbally informed that the Court has directed that the matter be investigated.Â

In their status report/objections filed by the answering respondents, it is stated that the respondent No. 5, Nazir Ahmad Dar, moved an application

before the learned 2nd Addl. Munsiff, Judicial Magistrate 1st Class, Srinagar, alleging therein that the non-applicant/authorized representative of M/s

ABS infrastructure, Treth Mohr, Bari Brahmana, Jammu, has encroached his land located at Khonmoh and has started raising an illegal construction

on the said land. It is further pleaded that the lease deed has been prepared by forging the signatures of the complainant over it and thereby his

property has been forcibly occupied by the petitioner.Â

It is further stated that the learned 2nd Addl. Munsiff Judicial Magistrate 1st Class, Srinagar, endorsed the application of the complainant to the

Crime Branch, Srinagar, for further action under law vide order dated 31.03.2016. On the directions of the learned 2nd Addl. Munsiff Judicial

Magistrate 1st Class Srinagar, the Crime Branch Headquarters J&K vide letter No. CHQ/Clt/K2008/16/7009 dated 09.04.2016, accorded approval for

initiating a preliminary enquiry into the matter so as to verify the veracity of the allegations made in the complaint. Accordingly, a preliminary enquiry

vide No. 43/2016, was initiated by the Crime Branch, Kashmir, Srinagar, which is under process. By another order dated 09.06.2017, this Court

directed that the proceedings initiated against the petitioner shall remain in abeyance and on the directions of this Court, the same were kept in

abeyance. This Court again vide order dated 28.12.2017 directed not to proceed with the preliminary enquiry and not to register a formal FIR without

prior permission with a further direction to complete the preliminary enquiry and report in this behalf be laid by or before next date of hearing, i.e.,

01.03.2018.In order to prove the genuineness of the lease deed in question, the original copy of the same is required to be obtained from the authorized

representative of M/s ABS infrastructure Shri Khalid Mehraj Lone S/o Gh Mohd Lone R/o Rampur Boniyar, who was directed to provide the original

copy of the said lease deed dated 02.07.2014, which he has not provided till date. After the receipt of the lease deed, the same will be sent for FSL

examination forthwith to ascertain the genuineness or otherwise of the claim made by the complainant. Accordingly, it has been requested to grant

some more time to Crime Branch Kashmir, to complete the probe into the matter and submit the report expeditiously before this Court.

Heard and considered.

The facts are eloquent. The matter is at the stage of the enquiry. The Crime Branch is marshalling the facts in order to find out whether or not the

allegations leveled against the petitioner are correct or otherwise. The contention of the Learned counsel for the petitioner that the complainant has

executed a deed of lease in favour of the petitioner, and therefore, the case has a civil lineage, which could not be enquired into by the Police

authorities appears to be a specious argument taking into consideration the peculiar circumstances of the case where the complainant has put forward

the claim that he has not executed the deed of lease and it is the outcome of fraud and is a forged one. No case has been registered against the

petitioner as yet. He has been asked to produce the deed of lease before the investigating officer in order to find out its veracity and authenticity. The

genuineness of the document as has been stated in the status report has to be traced by the FSL experts and if it is found that the signatures of the

complainant on it are genuine and correct that will clinch the issue. The enquiry cannot be directed to be truncated at this stage without such

examination.

Viewed in the above context the petition sans merit. It entails dismissal and is accordingly dismissed with all connected M.P(s). Interim direction, if

any, shall stand vacated.   Â