MOHD. RIAZ Vs. ZUBIR AHMED

JUDGEMENT

(1.) Heard.

(2.) Through the instant petition filed under Sec. 561-A Cr.P.C., petitioner seeks quashment of complaint filed by respondent No.1 under Ss. 166, 167, 467, 468 and 471 RPC before the learned Judicial Magistrate 1st Class, Thannamandi and also quashment of the order dtd. 5/11/2015, passed by the learned Judicial Magistrate 1st Class, Thannamandi, by virtue of which process has been issued against the petitioner and respondent Nos.2 to 6, herein.

(3.) In this petition, it has been stated that respondent No.1 is nephew (brother's son) of the petitioner. It is stated that apart from other landed property, the grandfather of the petitioner and his brother was owner and in possession of land measuring 05 Kanals 05 Marlas in Kharsa No.688 situated at Badha Kanna, Tehsil Thannamandi, District, Rajouri. The father of the petitioner inherited his share in the ancestral property land measuring 02 Kanals and 12 and half Marlas, which was further devolved to the petitioner and his brothers. The share of the petitioner came to be 17 Marlas and 03 sarsai. Similarly, respondent No.1 and his brother also got the share of their father. It is further stated that all the stakeholders of the land measuring 05 Kanals 05 Marlas situated at Khasra No. 688,(except father of the petitioner and respondent No.1) had migrated to Pakistan and settled there and had expired.