DURGA DASS Vs. JAGDISH KUMAR

JUDGEMENT

(1.) A criminal complaint is filed by respondent herein against the petitioner herein alleging commission of offences under Sections 447, 427 and 148 RPC. Upon presentation of the complaint before the Chief Judicial Magistrate Jammu an order dated 18.04.2011 came to be passed whereunder the statement of the complainant came to be recorded in support of the complaint and the Magistrate referred the matter for investigation in terms of Section 202 Cr.P.C. for ascertaining the truth or falsehood of the complaint through SHO Police Station Akhnoor, Jammu. A further order came to be passed by the Chief Judicial Magistrate Jammu on 14.11.2011 in the complaint after taking into account submissions made by the counsel for the complainant and the report submitted by the SHO concerned directing Tehsildar Akhnoor to give assistance to the SHO in demarcating the land measuring 11 kanals 05 marlas in khasra no. 819 min/432 situated at Village Manda Tehsil Akhnoor. The SHO in terms of the said order also had been directed to complete the enquiry and submit the report by the next date of hearing.

(2.) The complaint came to be transferred for disposal by the Court of Chief Judicial Magistrate Jammu to the Court of Judicial Magistrate Akhnoor vide order dated 14.11.2011. Upon consideration of the compliant by Judicial Magistrate Akhnoor, impugned order came to be passed on 29.06.2013 whereby SHO Police Station Akhnoor came to be directed to conduct the Nishandehi/demarcation of land in question through Tehsildar and submit a report to the Court. The impugned order dated 29.06.2013 is followed by another order passed by Judicial Magistrate Akhnoor on 16.11.2016 in the complaint whereunder SHO again came to be directed to conduct Nishandehi/demarcation of the land in question through Tehsildar and submit a report to the Court failing which the SHO Police Station Akhnoor and Tehsildar Akhnoor were directed to remain present in person.

(3.) Perusal of the record reveals that admittedly a criminal complaint had been filed by the respondent herein against the petitioner for commission of offences under Sections 447, 427 and 148 RPC. Record tends to show that Chief Judicial Magistrate, Jammu upon entertaining the compliant in the first instance deferred the issuance of process against the accused petitioner herein while taking cognizance of the complaint and referred the complaint for investigation/inquiry to SHO Police Station Akhnoor while invoking the provisions of Section 202 Cr.P.C. Admittedly, no inquiry/investigation/report whatsoever had been produced/furnished by the Police concerned to the Magistrate.