SAMI-ULLAH NAQASHBANDI Vs. SADAF NIYAZ SHAH

JUDGEMENT

(1.) The instant petition, filed under Section 482 of Code of Criminal Procedure (for short "Code"), seeking quashment of order dated 25.06.2020, read with order dated 11.05.2020 passed by the Judicial Magistrate 1st Class (3rd Additional Munsiff/JMIC, Srinagar.)

(2.) Petitioner while performing his duties as Naib Tehsildar, Executive Magistrate, Khanyar, came to know about filing of the compliant by respondent against him as well as other accused persons. The said complaint stated to be filed for commission of offences under Section 166, 166-A, and 167, 354, 201, 209 and 120-B IPC. The said compliant was assigned to the Court of Judicial Magistrate 1st Class (3rd Additional Munsiff/JMIC, Srinagar), by the learned CJM, Srinagar. In the said complaint, petitioner has prayed for registration of FIR or in the alternative cognizance of offence mentioned in the complaint. It is stated that the grouse of respondent revolved around possession and dispossession of respondent herein from the property, violation of lease agreement, rights of respondent at the hands of non-applicants therein. It is stated that upon presentation of the complaint the Judicial Magistrate 1st Class (3rd Additional Munsiff/JMIC, Srinagar), passed the following order.

(3.) On receipt of the order, SSP, Srinagar, got the matter enquired through SDPO, Nehru Park, Srinagar, and the report of the enquiry was submitted before the Court of Judicial Magistrate 1st Class (3rd Additional Munsiff/JMIC, Srinagar), through CPO, Srinagar, on 23.05.2020. It is stated that the enquiry report reflected that the matter and allegations levelled against the petitioner and other accused persons were not substantiated.