Important Point – Magistrate is required to conduct inquiry before passing any order under law.

1. In the instant petition filed under Section 561-A Cr.P.C, petitioner seeks quashment of order dated 15th October, 2018, passed by the learned Chief Judicial Magistrate, Jammu on the Complaint of the respondent No. 3, i.e., Nasreena Bano, directing the respondent No. 1 to register FIR under relevant provisions of law along with Complaint of the respondent No. 3.

2. In petition it has been stated that petitioner is serving in the Indian Police Services (IPS), presently posted as SDPO, Domana and is borne on the cadre of Jammu and Kashmir Police. A request was received in the Police Station, Domana from the revenue officials for providing police help, apprehending law and order problem in the process of removing illegal encroachments on the State land in compliance to the directions of High Court issued in a Public Interest Litigation. The petitioner was also informed about the same by the Incharge Police Post, Chinore and the Police Police, Chinore to co-operate with the revenue officials and provide all necessary support to them and also ensure that no untoward incident happens during the anti-encroachment drive. It is stated on 04th August, 2018, the anti-encroachment drive for retrieval of the State land from illegal encroachers was started under the jurisdiction of Police post, Chinore under the supervision of Sh. Alias Khan, SDM, North at about 9 A.M in the morning and after due entry in the Roznamcha of Police Post, Chinore, police personnel were deployed to assist the revenue officials in their anti-encroachment drive.

3. It is also stated in the instant petition that since the area of anti-encroachment drive, falls within the jurisdiction of the petitioner, the petitioner also visited the spot at Upper Thather, Bantalab at about 11 A.M on 04th August, 2018, by which time the revenue officials had already removed some encroachments and were proceeding towards the land under the illegal encroachment of the respondent No. 3 ( Complainant) and the respondent No. 3 had also come on the spot. As soon as the revenue officials started proceeding towards the land encroached by the respondent No. 3, she started arguing with the revenue officials, who advised the petitioner to allow them to perform their official duty, but the respondent No. 3 did not allow the revenue officials to proceed to her land and even stood in front of the JCB, whereupon the petitioner instructed the Incharge Police Post, Chinore present on spot to engage some ladies from the adjoining houses, who had gathered on spot to persuade the respondent No. 3 to allow the removal of encroachment peacefully and at the same time, further instructed the Incharge Police Post, Chinore to requisition some lady constables. For more than one hour, the revenue officials and the ladies gathered on the spot, tried to persuade to respondent No. 3 to allow smooth retrieval of the State land from encroachment, but the respondent No. 3 did not budge an inch and even chased and attacked officials of the revenue department and also picked up stones threatening the police and revenue officials and JCB driver of bodily harm in case they proceed with the anti-encroachment drive. In the meantime, one lady constable along with one lady home guard from Police Station, Domana reached the spot, who tried to remove the respondent No. 3 from the spot, but the respondent No. 3 even forcefully resisted the lady constables and in the scuffle, the respondent No. 3 as well the lady constables fell down and she might have suffered some bruises and her clothes also got torn and with great effort, the lady constables took control of the respondent No. 3 and she was brought to Police Post, Chinore. Thereafter, the revenue officials removed only a portion of the plinth existing on the State land, encroached by the respondent No. 3. On the State land under encroachment of the respondent No. 3, there existed only a plinth and a small structure not fit for habitation while the entire land was