MOHAMMAD JAMAL DAR Vs. RAJI BEGUM

JUDGEMENT

(1.) Petitioners-accused seek quashment of Criminal complaint filed by the respondent-complainant before the court of learned Special Mobile Magistrate, Kralpora-Kupwara on the ground that the complaint filed by the respondent-complainant is false, frivolous and is outcome of the civil dispute between the parties. It is also submitted that the cognizance taken and issuance of process is the misuse of powers by the Trial court.

(2.) The respondent has appeared and filed her reply to the petition wherein the respondent has justified the filing of the complaint and cognizance taken by the Trial court. The sum and substance of the stand of respondent is that she the owner of the property where the alleged occurrence has taken place.

(3.) The respondent has filed the complaint against the petitioners with an averment that petitioners have committed theft of popular trees from the land measuring 1 Kanal 16 Marlas falling under Khasra No. 384 of which the respondent is absolute owner in possession. The cognizance has been taken under Sec. 379 RPC.