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2024 Supreme(J&K) 70

SANJAY DHAR
Fehmida Kouser, W/o. Mohd Afzal Beigh – Appellant
Versus
Union Territory of Jammu and Kashmir, Through Police Station, Crime Branch Jammu – Respondent


Advocates Appeared:
For the Petitioners: Mr. Gagan Basotra, with Mr. M. Nadeem Bhat, Mr. Bodh Raj Sharma,
For the Respondents: Ms. Monika Kohli, Mr. Sumir Pandita, Investigating Officer-Bhagwan Dass Dandia, Dy. SP, Crime Branch, Jammu Present In Person.

JUDGMENT :

1. By this common judgment two petitions, one filed by the petitioners Fahmida Kouser and Mohd. Afzal Beigh (CRM(M) No. 855/2023) and the other filed by petitioner-Ab Rashid Beigh (CRM(M) No. 120/2024) are proposed to be disposed of.

2. All the three petitioners have challenged FIR No. 72/2023 for offences under Sections 420, 467, 468, 471 and 120-B IPC registered with Police Station, Crime Branch, Jammu. As per the impugned FIR, a complaint was lodged by the complainant/respondent No. 2 with Crime Branch Jammu alleging therein that her husband had purchased a plot of land measuring 01 kanal in khasra No. 70 min from its owner through petitioner-Mohd. Afzal Beigh and constructed a house upon it. It is alleged in the impugned FIR that petitioner-Mohd Afzal Beigh represented to the complainant that he owns two more kanals of land adjacent to the aforesaid house of the complainant?s husband being its sole owner and that he is ready to sell it. Believing upon the representation of petitioner-Mohd Afzal Beigh, the complainant expressed her willingness to purchase said two kanals of land. Accordingly, the deal was settled between them for an amount of Rs. 2.25 crores and an a

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