SHEIKH MUNEER AKHTER Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) Petitioner through the medium of this petition filed under Sec. 482 of the Code of Criminal Procedure is seeking quashing of FIR No.21/2012 dtd. 1/9/2022 registered with P/S Crime branch, Kashmir, for offences punishable u/s 420, 467,468, 471 and 120-B RPC read with sec. 5 (2) of P.C. Act 2006, on the grounds stated in the petition. His case is that he has been falsely implicated and he has not committed any such offence.

(2.) Briefly put, the facts of the case, as is coming to fore from perusal of the reply having been filed by respondents, are that Sh. Faquir Ullah S/o Assadulah and others were having ownership rights over 201 kanals 04 marlas of land falling under Khewat No.143 in Estate Batmaloo, who had migrated to Pakistan and are presently residing at Tehsil Kotli Pakistan. The aforementioned land, which was left by said evacuees, was found to have been illegally transferred in the name of different individuals after resorting to falsification of revenue records by taking recourse either to Sec. 4 and 8 of Agrarian Reforms Act or to the sale deeds after making fraudulent entries by the then Revenue Officials in league with accused beneficiaries. The matter was referred to the Crime Branch by Government vide Govt. Order No.REV(EP) 2007 of 2005 dtd. 18/5/2005. The crime branch conducted the PV into the matter and ultimately in preliminary verification, the allegations were verified and found correct and accordingly registered FIR No. 21/2012 dtd. 1/9/2022 of P.S. Crime Branch Kashmir for offences punishable u/s 420 ,467,468, 471 and 120-B RPC read with sec. 5 (2) of PC Act 2006. The FIR so registered is reproduced as under:

(3.) After registration of aforesaid FIR, it is stated, a detailed investigation was conducted in the matter and the respondent submitted a detailed report which is as under: