SATPAL SHARMA Vs. PAWAN SINGH RATHORE
LAWS(J&K)-2020-12-29
HIGH COURT OF JAMMU AND KASHMIR
Decided on December 17,2020

SATPAL SHARMA Appellant
VERSUS
Pawan Singh Rathore Respondents




JUDGEMENT

SANJAY DHAR,J. - (1.)Through the medium of instant petition filed under Section 561-A of J&K Cr.P.C, the petitioners are seeking quashment of judgment and order dated 01.05.2019 passed by the learned Principal Sessions Judge, Jammu whereby criminal revision petition against order dated 15.03.2019 passed by the learned Chief Judicial Magistrate, Jammu has been allowed.
(2.)Before coming to the instant petition, let me give a brief background of the facts leading to the filing of this petition. The petitioners claim to be the owners in possession of land measuring 30 marlas (10 marlas each) situated at Channi Rama near Railway Road Jammu. It is the further case of the petitioners that they raised construction over their respective portions of the land in question. According to the petitioners, the respondent-Jammu Development Authority raised a dispute with respect to the land in question and this resulted in filing of a civil litigation which ended in passing of a final decree in favour of the petitioners. It is further submitted by the petitioners that when petitioner No.1 approached the Jammu Municipal Corporation for grant of building permission, it was revealed that except for a strip of land measuring 4"x6" , the whole land belonged to petitioner No.1, whereas the aforesaid strip of land belonged to Jammu Development Authority (for short "Authority").
(3.)It is the case of the petitioners that on 30.09.2018, the respondents herein along with men and machinery came to the land of the petitioners and they forcibly demolished the buildings raised over there. It is the further case of the petitioners that, by this act of the respondents, not only the petitioners were deprived of their immoveable property, but even their moveable belongings were also destroyed. The petitioners are stated to have approached the SHO Police Station, Trikuta Nagar, Jammu for lodging the FIR, but he refused to do so where-after they approached the learned CJM Jammu with a complaint for offences under Sections 391/427/452/506/511 RPC read with Section 149 RPC. The learned CJM, after having received a report with regard to the verification of facts stated in the application under Section 156(3) Cr.P.C from the SHO Bahu Fort, Jammu, passed an order dated 15.03.2019 directing the SHO concerned to register the FIR and conduct investigation.
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