ABS INFRASTRUCTURE Vs. STATE OF J&K AND OTHERS

JUDGEMENT

(1.) By the medium of this petition filed under Section 561_A Cr. PC, the petitioner has sought the indulgence of this Court in quashing the proceedings initiated by the Crime Branch, Srinagar, against him purportedly initiated upon the directions of the Chief Judicial Magistrate, Srinagar and not to harass the petitioner or any of his employees.

(2.) The pith and core of the petition of the petitioner is that in the year 2014, a lease agreement viz-a-viz the land falling under survey numbers 2749/2596 min and 2660/2596 min, 2873/2596 min and 2156 min situate at Khohmoh, Srinagar, was executed in his favour by its owners. The petitioner has further contended that he had informed the owners that the land is required for the purpose of storage of food grains and, accordingly the lease deed was executed between the petitioner and the owners of the said land. This deed was duly registered before the Sub-Registrar, Srinagar, and in pursuance thereof the respondent No. 5, along with other co-owners of the aforesaid property received payments/rentals from the petitioner. However, to the dismay of the petitioner the respondent No. 5, started interfering into the possession of the petitioner that formed the subject matter of lease. Thereafter, the respondent No. 5 approached the Court of Sub-Judge, Forest Magistrate, Srinagar) and by misrepresentation of facts obtained an order of status quo restricting the operation of the lease deed and raising of any sort of construction over the said land. The petitioner was surprised to learn that the respondent No. 5 in order to frustrate the proceedings pending before the Civil Court and in order to harass the petitioner has lodged a false and frivolous complaint against him and the official respondents have initiated action on it. The petitioner has not been informed whether the action initiated by the official respondents is the outcome of a complaint or the directions extended by the criminal Court. He was verbally informed that the Court has directed that the matter be investigated.

(3.) In their status report/objections filed by the answering respondents, it is stated that the respondent No. 5, Nazir Ahmad Dar, moved an application before the learned 2nd Addl. Munsiff, Judicial Magistrate 1st Class, Srinagar, alleging therein that the non-applicant/authorized representative of M/s ABS infrastructure, Treth Mohr, Bari Brahmana, Jammu, has encroached his land located at Khonmoh and has started raising an illegal construction on the said land. It is further pleaded that the lease deed has been prepared by forging the signatures of the complainant over it and thereby his property has been forcibly occupied by the petitioner.