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SANJAY DHAR
Shafiq Ahmad Qureshi – Appellant
Versus
State of J&K – Respondent
JUDGMENT :
SANJAY DHAR, J.
1. The petitioner has challenged order dated 15.12.2016, passed by the learned Judicial Magistrate 1st Class, Tangmarg, whereby he has been charged for offences under Section 379, 427, 447 RPC.
2. It appears that on 20.09.2014, respondent No. 2 lodged a report with the police alleging therein that he is in possession of the land under Survey No. 740 adjacent to Hotel Khalil Palace situated at Gulmarg whereas the petitioner is also in possession of the land adjacent to the aforesaid land of respondent No. 2/complainant. It was further alleged that there is a long standing land dispute between the parties regarding which cases are pending adjudication before the Court at Tangmarg. It was alleged that on 19.09.2014, the petitioner trespassed into the land in possession of respondent No. 2/complainant and he demolished the wooden hut that was constructed on the aforesaid land whereafter he also took away vehicle of the respondent No. 2/complainant, which bears registration No. JK05C-3004. On the basis of this complaint, the police registered FIR No. 26/2014 and started investigation of the case. after investigation of the case, offences under Section 379, 447, 4
Possession of the property at the relevant time is crucial for establishing theft.
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