SOBAT ALI Vs. STATE OF J&K

JUDGEMENT

(1.) - Petitioners invoke inherent jurisdiction of this Court under section 561-A Cr.P.C. for quashment of First Information Report No.4/2012 dated 09.01.2012 under section 420/465/467/471/478/RPC registered in Police Station, Channi Himmat, Tehsil& District Jammu.

(2.) In the petition, it is stated that vide sale deed dated 19.11.1986 Devi Pushpa Jamwal D/o H.S.Jamwal and Riju Raj Singh S/o J.S.Jamwal both R/o Bugona Tehsil& Distt. Samba jointly purchased 2 kanals 13 marlas and 1 kanal respectively of land falling lunder khasra no.939 min, situated in village Upper Chowadi Tehsil Jammu from Bhagwan Singh S/o Harnam Singh R/o Chowadi. It is further stated that by an irrevocable General Power of Attorney dated 31.08.2006 above said Devi Pushpa Jamwal appointed the petitioner as her attorney holder in respect of her land measuring 2 kanal 13 marlas, which was duly registered by Sub-Registrar-I(Sub-Judge), Jammu on 02.09.2006. On 02.09.2006, Devi Pushpa executed an agreement to sell her land to the petitioner in consideration of Rs. 7.00 lacs, according to which the possession of land was admitted to have been delivered to the petitioner on spot after receiving Rs. 7.00 lacs and on the same day i.e 02.09.2006, Riju Raj Singh also executed an agreement to sell his land measuring 1 kanal in favour of the petitioner after receiving Rs. 3.00 lacs as consideration and according to which the possession of land was handed over to the petitioner on spot after receiving Rs. 3.00 lacs. The Riju Raj singh next day appointed the petitioner as his Attorney, by deed of irrevocable General Power of Attorney dated 03.09.2006 in respect of his land measuring 1 kanal. The petitioner by virtue of the said attorney sold 1 kanal of land belonging to said Riju Raj Singh in favour of Gurpreet Singh Chawala S/o Ravinder Singh R/o Sector 14, Nanak Nagar, Jammu by Sale Deed dated 23.12.2008, on the basis of which mutation no.2234 was attested on 20.02.2009. The possession of land was handed over to the said vendee on spot. It is also contended that the said Gurdeep Singh later on sold the land to Kamaljeet Singh S/o Jodh Singh R/o Nanak Nagar and Pran Nath S/o Pratahvi Nath Koul by Sale Deed dated 16.12.2011, on the basis of which mutation No.3392 came to be attested. Both Devi Pushpa& Riju Raj Singh without cancelling the power of attorneys in favour of the petitioner, executed joint irrevocable power of attorney dated 19.12.2011, attested by Notary Public Jammu in favour of Jai Devi Singh Samyal S/o Jagdev Singh R/o Friend Colony Patta Ploura, Jammu in respect of their land authorizing him to dispose of the same. The above said Devi Pushpa then filed a suit in the month of May, 2012 against the petitioner seeking declaration to the effect that power of attorney dated 31.08.2006 registered on 02.09.2006 executed in favour of the petitioner is null and void having been executed by impersonation on her part and forging her signature before the Sub Registrar Jammu. The petitioner was placed exparte and later on exparte decree was passed by Sub-Judge (CJM) Jammu on 25.02.2014 declaring the power of attorney registered on 02.09.2006 as null and void. The petitioner has filed application for setting aside of the exparte decree. It is also averred that above said Devi Pushpa had also executed power of attorney in favour of one Jai Deep Singh Sambyal in respect of her land measuring 2 kanals 13 marlas falling under khasra no.939 min situated in Village Chowadi, which was duly registered by the Sub Registrar (Municipal Magistrate) on 12.06.2003. By document dated 31.08.2006, the attorney executed in favour of Jaideep Singh on 12.06.2003, was cancelled by the said Pushpa Jamwal before Sub Registrar (Sub Judge) Jammu. It is also contended that after a pretty long time, Jaidev Singh Sambyal attorney holder of Devi Pushpa& Riju Raj Singh, in connivance with each other, in order to wreck vengeance and built pressure upon the petitioner to come to their terms, lodged false report in Police Station Channi Himmat on 09.01.2012 seeking registration of FIR into illegal sale of land measuring 1 kanal of land belonging to Riju Raj Singh on the basis of impersonated power of attorney upon which FIR No.04/2012 under Sections 420/465/567/468/471 RPC came to be registered. Grounds of Challenge

(3.) This Court vide order dated 11.01.2016, issued notice to respondent and stayed the investigation in FIR No.04/2012 of Police Station, Channi Himmat.