OM PRAKASH Vs. LAL DIN KHATANA

JUDGEMENT

(1.) PETITIONERS have invoked the inherent jurisdiction of this court in terms of Section 561 -A of Criminal Procedure Code, for short 'Code, for quashing the order dated 17th of July, 2007 passed by learned Sessions Judge, Pulwama, in File No.22/revision titled as Om -Prakash & Ors. Vs. Lal Din Khatana and order dated 15th of October, 2004 passed in complaint No.55/Alif titled as Lal Din Khatana Vs. Om Prakash and others by Chief Judicial Magistrate, Shopian, on the grounds taken in the petition.

(2.) RESPONDENT , Lal Din Khatana, filed a complaint in the court of Chief Judicial Magistrate, Shopian, on 5th October, 2004. After recording the preliminary statements of the complainant and one witness, SPO (Sr. Prosecuting Officer), Shopian, was asked to get the matter enquired in terms of Section 202 of the Code. Accordingly, enquiry was conducted. Statements of complainant, his son Nazir Ahmad Khatana and other witnesses, namely, Ghulam Qadir Dar, Shaban Sheikh and Nazir Ahmad Khatana s/O Ghulam Mohammad Khatana, came to be recorded and report came to be filed before the court Chief Judicial Magistrate, by SPO. Enquiry officer/ Investigating Officer came to the conclusion that Lal Din Khatana, complainant, has been in possession of the land measuring 4 kanals description of which is given in the complaint for the last 20 years and had cultivated maize crop. Accused/ petitioner and proforma respondents have without any right or reason removed the maize crop and have entered upon the land.

(3.) LEARNED CJM after examining the report and statements recorded and other documents - -seizure memo has issued process against the accused for the commission of offence punishable under Section 447, 379 and 506 -B of RPC vide order dated 15th of October, 2004. Feeling aggrieved, accused/ petitioner and proforma respondents assailed the said order by the medium of revision petition before the learned Sessions Judge, Pulwama - -came to be dismissed vide order dated 17th of July, 2007.