KAMAL NAIN SINGH Vs. STATE OF J&K

JUDGEMENT

(1.) The petitioner has invoked jurisdiction of this Court under Sec. 482 Cr.P.C. by filing two separate petitions. By virtue of CRMC No. 107/2014, the petitioner has challenged order dtd. 13/3/2014 passed by the Judicial Magistrate 1st Class (Forest Magistrate) Jammu, whereby on a compliant filed by the private respondent, directions have been issued for registration of FIR in light of the guidelines issued by the Supreme Court in Lalita Kumari vs State of Utter Pradesh, (2014) 2 SCC 1 as also the FIR bearing No. 6/2014 for offences under Ss. 420, 465, 467, 468, 471 and 120-B RPC read with Sec. 5(2) of J&K Prevention of Corruption Act registered pursuant to the aforesaid order. By virtue of CRM(M) No. 712/2022, the petitioner has challenged order dtd. 11/3/2014 passed by Judicial Magistrate 1st Class (Forest Magistrate), Jammu in the aforesaid complaint filed by the private respondent, whereby the learned Magistrate has treated the report submitted by the Crime Branch Jammu pursuant to order dtd. 21/9/2013 of the said Magistrate as one under Sec. 156(3) of the Code of Criminal Procedure (for short the Code).

(2.) The facts emanating from the pleadings of the parties are that the private respondent filed a complaint before learned trial Magistrate alleging therein that the petitioner is a non State Subject, originally hailing from Palampur Himachal Pradesh, but he in furtherance of criminal conspiracy with the Revenue Authorities of District Udhampur has managed to obtain a fake State Subject Certificate by deceiving the State Government. It was also alleged in the complaint that on the basis of the said fake State Subject Certificate, the petitioner has accumulated huge property in the erstwhile State of Jammu and Kashmir.

(3.) Upon presentation of the complaint before the learned the Magistrate, the following order was made by the said Magistrate on 21/9/2013: