SAHIL KHAJURIA Vs. SHAM LAL GUPTA

JUDGEMENT

(1.) Through the medium of instant petition filed under Sec. 561-A CRPC, petitioners inter alia seek quashing of the criminal complaint titled Sham Lal Gupta vs Narinder Vaid and ors., pending before the learned JMIC, Billawar along with order dtd. 19/5/2014 whereby the court below took cognizance in the matter against the petitioners herein and also order dtd. 18/3/2016 by virtue of which the court below has declined to recall the order of taking cognizance dtd. 19/5/2014.

(2.) Brief facts of the case are that the locals of village Kishanpur made a complaint to the Tehsildar Billawar on 5/12/2013 that one Sham Lal Gupta and his associates have closed the bandobasti public pathway passing through the land under Khasra No.342 village Kishanpur by raising a Danga, due to which it has become impossible for them to take their cattle for grazing to the forest and also the movement of the human being/villagers has stopped on that pathway; that seeing the public difficulty and the seriousness of the situation, the Tehsildar ordered the Naib Tehsildar Dambra for detailed report. By the orders of the Tehsildar, the Naib Tehsildar along with Patwari halqa and Sarpanch of the Panchayat concerned and other members of the deputation reached on spot and the Naib Tehsildar found on spot that the age old and recorded pathway which was the lifeline of the village was forcibly being closed by Sham Lal Gupta and his associates. The matter was brought to the notice of the higher officers, who directed to ensure that the pathway is made open as usual and normalcy be restored in the village. The hurdle created by the respondent and his associates were removed and the pathway was cleared and opened for the free movement of the public as well as that of livestock; that although no civil or revenue proceedings were initiated by the said Sham Lal Gupta, but in fit of rage with intention to take revenge and teach them a lesson on 6/12/2013 filed a criminal complaint against 25 persons in the court of CJM, Kathua, who transferred the said complaint to the court of JMIC, Billawar for disposal under law.

(3.) On receipt of the complaint, the court below by exercising powers under Sec. 202 Cr.P.C. referred the inquiry to the SHO Billawar, who after conducting the thorough inquiry whereas on one hand perused and examined the revenue record, on the other hand also visited the spot and also recorded the statements of large number of witnesses. Ultimately, the SHO concerned filed his inquiry report with the finding that the complaint filed by respondent No.1 is not based on truth and has been filed only to settle the score.