FAOOR AHMAD SHAH Vs. UT OF J&K

JUDGEMENT

(1.) The petitioners have challenged FIR No. 24/2019 for offences under Sec. 420, 467, 471 and 120-B RPC of Police Station, Lalpora Lolab.

(2.) Before coming to the grounds of challenge, it would be apt to refer to the allegations made in the impugned FIR.

(3.) Respondent No. 6-Dilshada Begum, lodged a report with Zonal Police Headquarter, Srinagar, alleging therein that petitioner No. 1 has fraudulently mutated title of one kanal of land out of 06 kanals which the complainant owned. The police on the basis of this complaint registered impugned FIR and started investigation of the case. During the course of investigation, two copies of mutation orders bearing No. 305 and 307 of the year 1994 relating to Khasra No. 58 of Village Khurhama Lolab were seized and the statements of the witnesses were recorded. Specimen signatures of the revenue officers/officials and lone surviving witness to the mutations in question were recorded. The report of the FSL revealed that these mutations were recorded under the hand and signature of the petitioners No. 2 and 3 who were posted as Girdawar and Patwari respectively in the concerned area at the relevant time. The FSL report also revealed that the signatures of the complainant on the mutation proceedings are forged and even the signatures of lone surviving witness on these proceedings are also forged. Thus, it was found that the beneficiary, namely, Mohammad Muzaffar Shah, father of the petitioner No. 1, had managed fraudulent mutation No. 307 in his favour after hatching criminal conspiracy with the revenue officials i.e., petitioners No. 2 and 3 as also the Naib Tehsildar and Tehsildar concerned who misused and abused their official position.