##PAGE1##

1

HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT SRINAGAR

Case No. CRMC No. 173/2015

IA No. 01/2015

Tariq Athar Beig …. Appellant

Through: - Mr. Mujeeb Andrabi, Advocate with

Mr. G. A. Lone, Advocate

V/s

State of Jammu and Kashmir and Others. …. Respondent(s)

Through: - Mr. Waseem Gul, GA vice

Mr. Mohsin Qadri, Sr. AAG

CORAM: HON’BLE MR. JUSTICE SANJAY PARIHAR, JUDGE

ORDER

26.12.2025

01. By the present petition, the order dated 20.09.2012 passed by the

Court of Chief Judicial Magistrate, Handwara, whereby re-investigation in

FIR No. 147/2010 of Police Station Handwara registered for offences

under Sections 420, 471 and 478 RPC was directed, is called in question.

The impugned order is assailed on the ground that the learned Magistrate

acted without jurisdiction in directing re-investigation after having

discharged the accused. It is contended that once the challan stood

considered and the accused were discharged, there remained no occasion

for the Court to direct re-investigation in the absence of any leave sought

under Section 173(8) Cr. PC or any circumstances warranting recourse to

Section 167(2) Cr.PC.

Mohammad Yasee n Dar

I attest to the accuracy and

authenticity of this

document

2

02. Briefly stated, the case arises out of acquisition of land for

widening of Handwara–Luch Now gam Road. One Abdul Kabir Bhat laid

claim to compensation in respect of certain land which, as per the revenue

record, was recorded as Shamilat Deh Makbooza Ahli Islam and shown to

be under his possession and that of others. It was alleged that the said

Abdul Kabir Bhat presented cheque bearing No. 735314 dated 31.03.2010

amounting to ₹99,798/- before the Central Cooperative Bank, Baramulla,

and succeeded in withdrawing an amount of about ₹75,000/- by forging

the signatures of the then Assistant Commissioner, Handwara. It was

further alleged that the said Abdul Kabir Bhat was not entitled to any

compensation either for land or for structure.

03. It was also alleged that Mohammad Iqbal, who was working as

Reader in the office of Assistant Commissioner, Revenue, Handwara, and

the present petitioner Tariq Ahmad, who had been entrusted with the work

of Nazarat in respect of relief cases, were instrumental in facilitating the

issuance of the cheque. According to the prosecution, Mohammad Iqbal

used to assist the petitioner in writing cheques, which thereafter were

placed before the Assistant Commissioner, Revenue, for signatures. It was

alleged that two cheques relating to compensation for structure in favour

of Abdul Kabir Bhat were processed but were never signed by the

Assistant Commissioner, Revenue, Handwara.

04. On 26.07.2010, the Assistant Commissioner, Revenue, Handwara,

addressed a communication to the SHO, Police Station Handwara,

requesting registration of an FIR against Mohammad Iqbal Mir and Tariq

Mohammad Yasee n Dar

I attest to the accuracy and

authenticity of this

document

3

Ahmad for issuance of a fraudulent cheque after forging signatures,

bearing No. 735314 dated 31.03.2010, in favour of Abdul Kabir Bhat S/o

Rustum R/o Maratgam, Handwara. On the basis of the said

communication, FIR No. 147/2010 under Sections 420, 418 and 471 RPC

came to be registered and investigation commenced. Upon completion of

investigation, the Investigating Officer concluded that the alleged act of

fraud had been committed by Abdul Kabir Bhat alone and that neither the

petitioner nor Mohammad Iqbal was privy to the crime or involved in

issuance or encashment of the cheque. Consequently, a challan was

presented before the learned trial Magistrate on 10.02.2011. After hearing

the prosecution as well as the defence, the learned Magistrate recorded

serious doubts with regard to the prosecution case, particularly noting that

the counterfoil of the cheque book was never seized during investigation,

that the manner in which the Assistant Commissioner ascertained the

details of the cheque was unexplained, and that the cheque was sent to the

FSL by an officer who was neither the Investigating Officer nor the SHO,

be