MUZAMIL RAHIM ALLIE Vs. STATE OF J&K

JUDGEMENT

(1.) The petitioners have challenged FIR No.48/2018 for offences under Sec. 147, 148, 297 and 307 of RPC registered with Police Station, Pattan.

(2.) It appears that on 9/3/2018, inhabitants of Village Mirgund through respondent No.5/complainant lodged a report with the police alleging therein that on the said date the petitioners herein, armed with lathies, axes and knives, entered the graveyard measuring 11 kanals 10 marlas of land situated at Village Mirgund whereafter they started construction of a tin shed over there thereby injuring the feelings of the community. It was further alleged that the petitioners attacked the complainant and other villagers present over there and one Manzoor Ahmad Wani sustained serious injuries. On the basis of this report, the impugned FIR came to be registered and the investigation was set into motion. During investigation of the case, the statements of the witnesses under Sec. 161/164 C. P. C were recorded and the weapons of offences i.e. lathies, spades etc. were seized. According to the prosecution, the offences under Sec. 147, 148, 297 and 307 RPC stand established against the petitioners.

(3.) It has been contended by the petitioners that as per the revenue record, the land measuring 11 kanals 10 marlas falling under Khasra No.458 situated at Village Mirgund is shown in possession of Muslim community and out of this land, 11 kanals 08 marlas are being used as graveyard. It is submitted that balance 02 marlas of land is recorded in the name of one Lala S/o Lassi Reshi, who has donated the said land for the purposes of construction of a mosque. It is alleged that one group of the villagers is resisting the construction of mosque over there and to resolve the dispute, the proceedings were initiated before the Assistant Commissioner, Revenue, Baramulla. It is averred that the petitioners filed a writ petition bearing OWP No.717/2017 before the High Court and in the said writ petition, a direction was issued to Deputy Commissioner, Baramulla, to get the land in question demarcated.