RAGHUBIR SINGH Vs. STATE OF J&K

JUDGEMENT

(1.) Through the medium of instant petition filed under section 561-A Cr.P.C., petitioner seeks quashing of the order dated 14.09.2011 passed by the Judicial Magistrate 1st Class (Munsiff), Jammu, whereby Court has rejected the prayer for further investigation in the case being FIR No. 134/2007 registered with Police Station, Satwari, or in alternative it has been prayed that he be allowed to place on record certain documents before trial court.

(2.) Brief facts of the case are that the petitioner and his family including two married daughters have falsely been implicated in the FIR No.134/2007. That the petitioner is in possession of 10 Marlas of land, out of Khasra No.427 min since decades as he had purchased the said land from his brother Harnam Singh, the complainant in the FIR No. 134/2007. The petitioner out of his resources constructed two rooms, verandah and toilet over the said land. The registration of Sale Deed was not executed as the parties were in relation, the possession of the land was handed over to the petitioner and the same stands reflected in the various documents like Khasra Girdawari, 1975 and subsequent Girdawaries and the reports by the settlement Naib-Tehsildar, Digiana. It is further stated that another FIR No.135/2007 was lodged by Raghubir Singh culminating into challan u/s 353,323 RPC against sons of Harnam Singh (the complainant in the present case). The allegation in FIR No. 135/2007 is that accused Balbir Singh and others criminally trespassed into Raghubir's residential house, outraged modesty of his daughter and beaten them. It is also contended that the statement of the Harnam Singh recorded by the revenue authorities wherein he has admitted that the two rooms and the verandah over the above said land are in the possession of petitioner (Raghubir Singh). The order of the learned Sub- Registrar, Jammu dated 24.11.2008 which was upheld by this Court is yet another proof regarding the possession of the petitioner over the land in dispute. It is further stated that the investigating agency willfully and mala fidely has not placed these facts and documents in the challan though the same were brought to the knowledge of the investigating officer during investigation. The petitioner made two applications dated 25.02.2008 and

(3.) 07.2010 respectively before the Trial Court for further investigation or in alternate to place on record the documents including the statement of Harnam Singh, which clearly indicated the falsity of FIR No.134/2007 as documents showed petitioner in possession of 10 Marlas in Khasra No. 427 min and further showed petitioner as owner of two rooms, verandah constructed over the same. 3. Feeling aggrieved, the petitioner has challenged the order impugned and also seeks quashing of the challan on the following grounds:-