ABDUL MAJEED BHAT Vs. UT OF J&K

JUDGEMENT

(1.) The petitioners have challenged order dtd. 12/7/2021 passed by learned Special Mobile Magistrate (Sub Judge), Budgam (hereinafter referred to as the trial Magistrate), whereby a direction has been issued to SHO, P/S, Budgam, to enquire the matter relating to the complaint filed by respondent Nos. 2 and 3 (hereinafter referred to as the private respondents) against the petitioners in terms of Sec. 156(3) of the Cr. P. C. Challenge has also been thrown to FIR No.208/2021 for offences under Sec. 420/506 of IPC registered with Police Station, Budgam, pursuant to the aforesaid order of the learned trial Magistrate.

(2.) It appears that the private respondents had filed a complaint before the learned trial Magistrate alleging therein that they have purchased land measuring 4 kanals 15 marls falling under Survey Nos.67, 68 and 69 situated at Gulwanpora Budgam for an agreed sale consideration of Rs.1, 38, 70,000.00from the accused/petitioners herein. It was further averred that the accused/petitioners have received a sum of Rs.1, 13,70,000.00from the private respondents and that it was agreed between the parties that the balance amount of Rs.25.00 lacs shall be paid by the complainants/private respondents to accused/petitioners at the time of execution and registration of the sale deed, however, the possession of the land was handed over to the complainants/private respondents. It was further alleged that the accused/petitioners were approached the complainants/private respondents for transferring the land in their name but the accused/petitioners, in order to cheat them refused to do so. It was also alleged that a few days back the petitioners/accused came on spot and they assaulted the complainants/private respondents, restrained them from moving from that place and further made it clear that they will not transfer the land in the name of the complainants/private respondents and also threatened them with dire consequences.

(3.) The learned trial Magistrate forwarded the complaint to SHO, P/S, Budgam, with a direction to enquire into the matter under Sec. 156(3) of the Cr. P. C and submit a detailed report. It seems that pursuant to this order, the impugned FIR came to be registered by the police.