Serial No. 86

HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT SRINAGAR

CRM(M) No. 209/2021

Ghulam Mohammad Mir and Others

Petitioner(s)/ Appellant(s)

Through: -

Mr Sheikh Manzoor, Advocate.

V/s

SHO Police Station Kupwara and Another

…..Respondent(s)

Through: -

Mr Sajad Ashraf, Dy.AG for R 1.

Mr M. A. Wani, Advocate for R 2.

CORAM:

Hon’ble Mr. Justice Vinod Chatterji Koul, Judge.

ORDER

21.08.2021

1.

Petitioners feeling aggrieved of registration of FIR No. 358/2020

(herein after for short “FIR”) at Police Station Kupwara for

commission of offences punishable under Sections 420, 467, 468 &

471 and investigation thereon and as such, have filed this petition

seeking quashment thereof in exercise of powers under Section 482

CrPC on the ground that petitioners have retired from revenue service

since long and are presently old aged suffering from various ailments.

2.

It is stated that FIR has been registered on a complaint of respondent

No. 2, alleging that Naib Tehsildar, Mohammad Iqbal Malik, in

connivance of with his relatives fraudulently mutated the land falling

under Khasra No. 1298/1108 in his favour. On the basis of said

complaint Crime Branch, Kashmir, conducted an enquiry and

thereafter approved registration of FIR in question.

3.

It is next stated that petitioners have been implicated in the FIR on the

ground that mutation had been attested in the year 1998 when they

were discharging their duties as revenue officers in village Tiker. It is

further stated that the said mutation had been attested in accordance

with standing orders regarding attestation of mutation and on the face

of evidence/witnesses recorded.

4.

It is next stated that FIR relates to an occurrence of 1998 when

mutation in respect of 01 kanal and 05 marlas was attested and in

respect of said property, parties had been litigating in different courts

and have finally settled the dispute.

5.

It is further stated that the dispute between the parties is purely of a

civil nature and said registration of FIR is nothing but to harass the

petitioners. Petitioners claim that they have not committed any

offence and attestation of mutation has been done after following due

procedure of law.

6.

Respondents have filed status report wherein it is stated that Abdul

Rashid Malik S/o Sonaullah Malik R/o Tikker Kupwara has filed a

written complaint before the Crime Branch, Kashmir. Upon receipt of

the same, enquiry was conducted and FIR registered to the effect that

Naib Tehsildar, Mohamamd Iqbal Mir S/o Abdul Aziz Mir, and

Mohammad Iqbal Malik S/o Sunaullah Malik and his brother Naseer

Ahmad Malik have got fraudulently mutated the land falling under

Khasra No. 1108 which was earlier mutated in the name of

grandfather of Abdul Rashid Malik. It is reported that upon

registration of FIR, investigation was set into motion. During

investigation it came to fore that the land measuring 01 kanal and 05

marlas falling under Khasra no. 1108 belong to grandfather of Abdul

Rashid Malik and same got mutated by Mohammad Sultan Malik

who had passed away on 29.01.1984 in the name of his own sons. It is

claimed that the accused persons, in greed with fraudulent intention,

had mutated the land belong to Sunah Malik S/o Jabbar Malik in the

name of Sunnah Malik, Lassi Malik and Gani Malik. Now Sunnah

Malik and Gani Malik have passed away and land is in possession of

Mohammad Iqbal Malik S/o Sunnah Malik. It is further stated that

upon evidence collected accused persons have been found involved in

the commission of offences. It is further stated that investigation is in

progress and has not been completed.

7.

Heard learned counsel for the parties and considered the matter.

8.

As per the status report, on a written complaint filed by one Abdul

Rashid Malik, Crime Branch initiated enquiry and registered FIR No.

358/2020 for commission of offences punishable under Sections 420,

467,