STATE Vs. SHER BAZ

JUDGEMENT

(1.) This criminal revision petition by the State is directed against the order dated 04.02.2015 passed by the learned Special (Sessions Judge) Poonch ['trial Court'] in case titled 'State of J & K vs Sher Baz' by virtue of which the trial Court has discharged the respondent of the offence punishable under Section 436 RPC.

(2.) The prosecution case, in brief, is that the complainant Shah Mohd lodged a written report with Police Station, Mandi on 08.01.2015 with the allegations made therein that during the night intervening 7/8th January, 2015 at about 2 am, two shops were set on fire by the respondent-accused when he was sleeping in his house and as a result whereof, loss to the tune of Rs.2.00 lac had been caused. It was claimed that the said shops which were gutted in fire were constructed by the complainant Shah Mohd on the land belonging to the respondent with the arrangement that one of these two shops would be retained Sr. No. 215 by the complainant and the other would be handed over to the respondents. On the basis of this written application, FIR No. 03/2015 for offence under Section 436 RPC was registered in Police Station, Mandi and the investigation set in motion.

(3.) The Investigating Officer, after completing requisite formalities including recording of statements of witnesses under Section 161 Cr.P.C etc., found the offence under Section 436 RPC established against the respondents, and, accordingly, presented the final report/challan before the trial Court.