AVTAR KRISHAN SHANGLOO Vs. STATE AND ORS.

JUDGEMENT

(1.) This revision is directed against the order dated 24.07.2012 passed by the learned Principal Sessions Judge, Jammu, discharging respondent No. 2 herein from the commission of offence under Section 467 RPC and dismissing the application of petitioner herein for further investigation into the matter. The facts as revealed from the case file are that the petitioner herein is a migrant from Kashmir Valley. He along with other co-sharers was owner in possession of a land situate at Gabroo, Tehsil Ganderbal. It is contended that he was approached by respondent No. 2 herein through one Vinod Safaya for transfer of the said land. He accordingly executed a General Power of Attorney and Agreement to Sell in favour of accused/respondent No. 2 herein. He was paid rupees one lac by respondent No. 2 as taken amount for the sale of said land. It is contended that later on accused/respondent No. 2 in connivance with said Vinod Safaya and other officials of the Court at Jammu forged the Agreement to Sell and instead of Rs. 1,00,000/-, Rs. 12,00,000/- shown to have been received by the complainant/petitioner herein. It is contended that on learning about the forgery and fraud; petitioner executed the Revocation Deed on 19.03.2005 revoking the General power of Attorney and also brought the same to the notice of Deputy Commissioner concerned with a request that no permission for transfer of said land be granted in favour of respondent No. 2 herein. It is further contended that accused/respondent No. 2 even forged the Recall/Revocation of General Power of Attorney in connivance with the officials of the Office of Deputy Commissioner, Ganderbal and on that basis sought permission to alienate the said property in his favour. Accordingly, a complaint came to be filed by the complainant/petitioner herein before the learned Chief Judicial Magistrate, Jammu, who referred the same to SHO Police Station Janipur for registration of the case and for conducting investigation. Another application also came to be filed before the learned Chief Judicial Magistrate, Srinagar, who too referred the case to the Crime Branch, Srinagar. It is contended that the Crime Branch has established case of forgery in both the documents. Accused/respondent No. 2 challenged the registration of FIR in this Court by the medium of 561-A No. 112/2007 and the Srinagar Bench of this Court vide order dated 03.09.2008 quashed the proceedings initiated by the Chief Judicial Magistrate, Jammu on the 2nd complaint filed by the petitioner herein, holding that if the petitioner herein has any grievance against the conclusion of investigation, he shall have the right to file a protest application before the concerned Magistrate. Accordingly, the petitioner herein filed a protest application before the concerned Magistrate, who again referred the matter to the concerned Police Station for further investigation into the matter. The police agency after conducting the investigation submitted the Challan under Sections 420, 467, 468 and 471 RPC. It is contended that the petitioner herein again filed an application before the learned Sessions Judge, Jammu for further investigation into the matter. The learned Judge vide order dated 24.07.2012, impugned herein, while dismissing the application of the petitioner discharged the accused, respondent No. 2 herein, from the commission of offence under Section 467 RPC. It is this order which is challenged by the petitioner by the medium of present revision petition.

(2.) Learned counsel appearing for respondent No. 2 has raised the preliminary objection that the petitioner herein being a private party has no locus-standi to move this Court by filing the present criminal revision petition, as it is the domain of State to file such a petition. Since the State has not chosen to prefer the revision petition, therefore, the present petition filed by the petitioner herein is liable to be dismissed.

(3.) Heard learned counsel appearing for the parties.