The main legal point established in the judgment is the limited scope of the judiciary to interfere in police investigations of cognizable offences and the inherent powers of the High Court under Section 561-A Cr.P.C.

1. The petitioners are the residents of Village Saaj, Tehsil Thanamandi, District Rajouri.

2. The case of the petitioners is that they have a common graveyard in which the ancestors of the people of the area are buried and the graveyard is situated in Village Saaj, Tehsil Thanamandi, District Rajouri, measuring 15 Kanals, 17 Marlas falling under Khasra No. 529 and Eid Gah, as per the revenue record the said land is Gair Mumkin Kabristan and Eid Gah and is under the possession of Ahil-e-Islam.

3. The grievance of the petitioners is that respondent No. 6-Tehsildar Thanamandi started construction of a road through the middle of the graveyard with the help of local police and respondents 4 and 5which is covered by Survey No. 529 situated in the aforesaid village. It is stated that Tehsildar Thanamandi, District Rajouri, himself came on spot along with respondents 4 and 5 and ordered to construct the road ostensibly under the influence of, pressure and in view of having taken some consideration from the people who would be beneficiaries of the road. The petitioners resisted and forced the respondents to stop the construction on the ground that the land belongs to Ahil-e-Islam and there is a graveyard. It is stated that instead stopping the construction, the respondent No. 6 - Tehsil Thanamandi, District Rajouri took the matter personal and ordered to arrest the petitioners. The petitioners sought information under RTI Act to the Public Works Department Division Rajouri, as to whether the road was being constructed by the department and in the information received the fact is that Public Works Department is not constructing any road through the Graveyard. It is stated that petitioner also approached the Administrator Auqaf Shahdara Sharief and requested him to take necessary action to protect the Graveyard. Thereafter, Administrator Auqaf Shahdara Sharief forwarded a letter to Deputy Commissioner, Rajouri for registration of FIR against the encroachers, however, respondent No. 4 has not taken any action against the encroachers who are the beneficiaries of the road. It is further stated that instead of taking any action against the encroachers the respondents 4 and 5 registered a false/frivolous FIR against some of the petitioners being FIR No. 32/2013 dated 15.02.2013.

4. Learned counsel for the petitioners states that petitioners also approached the Deputy Inspector General, Poonch-Rajouri Range, for taking action against the encroachers and also the erring police officials who are in league with the encroachers. The complaint of the petitioners was forwarded to respondent No. 4 for facual report. The respondent No. 4- Sub-Divisional Police Officer, Thanamandi, District Rajouri forwarded the complaint to respondent No. 6- Tehsil Thanamandi, District Rajouri to seek report from revenue field staff. The Patwari concerned furnished report in which he categorically stated that the land through which the road is being constructed is entered as Qabristen and Idd-Gah in the revenue records under Khasra No. 529 of Village Saaj.

5. Learned counsel for the petitioners further states that earlier petitioners filed a writ petition in this Court bearing OWP No. 725/2013, which came to be disposed of on 21.05.2013, directing the Deputy Commissioner, Rajouri and Administrator Auqaf Shahdara Sharief, Rajouri to take immediate steps to protect the graveyard and to ensure that no motorable road is constructed through a graveyard. Thereafter, on receipt of the aforesaid order of this Court the respondents 4, 5 and 6 got irritated and registered an FIR No.78/2013 dated 01.06.2013 for commission of offences under Sections 341, 323, 127, 382 and 336 RPC against the petitioners at Police Station, Thanmandi, where in it was alleged by the complainant that he was waylaid by the petitioners 1 to 5 while he was driving his tractor near Eid –Gah Tanda attacked him with sticks and axes and also with stones. It was further alleged by the complainant that