MOHD AZAD KHAN Vs. STATE OF J&K

JUDGEMENT

(1.) Through the medium of instant petition, the petitioner has challenged FIR No. 25/2019 for offence under Section 188 RPC registered with Police Station, Gursai, Tehsil Mendhar, District Poonch.

(2.) Briefly stated the case of the petitioner is that he is owner in possession of land measuring 36 kanals comprised in Khasra No.327 situated at village Naar, Tehsil Mendhar, District Poonch. According to the petitioner, he has also constructed a residential house over the said land. It is alleged that certain officers of the Forest Department are harassing him and trying to interfere in his peaceful possession over the land in question. The petitioner is stated to have filed a civil suit for permanent prohibitory injunction against the Forest Department before the Court of learned Sub Judge (Special Mobile Magistrate), Poonch (hereinafter referred to as the 'learned Sub Judge'). It is averred that on 20.07.2016, the learned Sub Judge after hearing the parties passed a temporary injunction in favour of the petitioner directing the parties to maintain status quo on spot. It is contended that despite passing of aforesaid order, respondent No.1 has registered the impugned FIR against the petitioner for commission of offence under Section 188 RPC.

(3.) The petitioner has challenged the impugned FIR on the grounds that the dispute between the petitioner and the Forest Department is purely of civil nature, as such the impugned FIR is liable to quashed; that if, at all, the Forest Department had any grievance against the petitioner, they could have approached the Civil Court for initiating proceedings regarding violation of interim order; that, on the face of it, the allegations made in the FIR do not constitute any offence against the petitioner; that the criminal proceedings initiated by respondent No.1 against the petitioner are manifestly mala fide in nature.