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| Court directs SSP Jammu to conduct preliminary enquiry | | Issue of selling “Custodial Legis” property | | Early Times Report
Jammu, Aug 17: The Court of 2nd Additional Magistrate Jammu has directed the Senior Superintendent of Police Jammu to conduct preliminary enquiry to verify the veracity of allegations levelled by applicant against accused for fraud, cheating and other illegal acts, whereby they have sold “Custodial Legis” property of partnership concern M/s Jammu and Kashmir Motor Corporation opposite to Jambu Lochan Palace which has been attached with the Court since 1981 and the application is partner in the stated partnership concern.
The Court has directed SSP Jammu to conduct a preliminary inquiry himself or by a police officer not below the rank of inspector to verify the veracity of allegations made in the application and if some cognizable offence is made out he shall get investigate the matter according to the provisions of law. “The preliminary enquiry shall be completed preferably within a period of four weeks from the date a copy of the order is received by inquiry officer”, it observed. The Court of Jeevan Kumar rma passed the order in response to an application filed by Satish rma S/o Janardhan Kumar R/o Gandhi Nagar, Jammu through advocate Tarun rma Advocate against non-applicants Krishan Kumar Amla S/o Late Teerath Ram Amla R/o 1, Sonwar Bagh, Srinagar, Vijay Laxmi Amla D/o Lt Teerath Ram Amla R/o Raj Bagh, Srinagar, Kiran Dhar D/o Lt. Teerath Ram Amla R/o Gupkar Road, Srinagar, Arjun Amla S/o K.K Amla R/o Sonawar Bagh Srinagar, Kulbir Singh S/o Lt Babu Singh R/o Stddar Tehsil R.S pura District Jammu, Vikas Dutt S/o B.V Dutt R/o 9-10, DC. Gandhi Nagar Jammu, Narain Singh S/o Lt. Rasa Reasel Singh R/o H.no 22/C Vasant Vihar Talab Tillo Jammu, Sudesh kumar S/o Jogi Raj R/o 436 Purani Mandi Jammu.
Brief facts of the case stated by the applicant in his application are that the applicant has sought registration of F.I.R against above named accused in pursuant to the fraud, cheating and other illegal acts done by the above named persons, whereby, they have sold the “Custodial Legis” Property of partnership concern M/s Jammu & Kashmir Motor Corporation opposite to Jambu Lochan Palace which has been attached with the Court since 1981 and the applicant herein is a partner in the above stated Partnership concern.
It is further stated that the applicant had filed a complaint before the S.S.P Jammu, on 28.05.2021 seeking registration of F.I.R against Krishan Kumar Amla & Others on the ground of fraud, Cheating & other illegal acts committed by all the non- applicants in pursuance to their well hatched conspiracy.
It is also stated that in order to defraud and cheat the applicant, all the non applicants have illegally sold the applicant’s property attached with the court. The applicant is a partner in J & K Motor Corporation to the extent of 13% and the land measuring 8 Kanals comprising of File No. 17032/2021 Khasra No 95 mlr, was owned by the partnership concern of the applicant mentioned herein above.
The indefeasible share of the applicant In the said property has been sold out by the non-applicants without seeking any consent of the applicant, moreover, In the eventuality of property being a “Custodial Legis” since 1981 the non-applicants have deceived and defrauded the applicant by handing over the possession of the said property to some unwarranted elements of the society.
The non-applicants have dismantled the age old structure of the partnership concern of the applicant and sold the same to anonymous persons who have no right to purchase the same, as the property is stili a “Custodial Legis” one.
The non applicants have executed various agreements to sell in furtherance of their loot which is eminent from the fact that Steel Bars, tin sheets, iron girders etc. along with other material present on spot have been illegally stolen and sold by the non-applicants.
It is also stated that there has been no action against the illegal encroachers/trespassers who in active connivance with all the persons named above have not only removed the barbed wire but have also illegally broken the fence to facilitate the encroachment over the same.
It is further stated that the complainant is a partner to the extent of 13 % in the above stated partnership concern and has been litigating before the court Since 1981 for the rendition and settlement of Accounts, also, the Ld. Court of 1st Additional & District Judge has directed the S.S.P Jammu to persevere and protect the said property from Goons and Trespassers, in-spite of the directions given by the Ld. Court above named non- applicants have destroyed and demolished the above said property which is situated at the heart of the city, moreover, amid this Covid-19 lockdown window panes have been removed, brick works has taken place, alteration in age old structure has been done by illegally trespassing into the said property and moreover after vandalizing the said property, a gate has also been installed which clearly proves the crime committed by the non-applicants.
It is also stated that being aggrieved of the fraud, Cheating & mischief played with the applicant the applicant approached the Concerned S.H.O and apprised him of all the illegalities, whereas, the Concerned S.H.O directed the complainant to apprise the S.S.P as he has been directed by the Court to protect & Preserve 4he said property.
The complainant/applicant approached the office of S.S.P Jammu and filed an application seeking registration of FIR against the accused but due to the reason best known to the police officials, they have not yet registered the FIR, moreover, it has come to the notice of the complainant that whole of the fraud has been committed at the behest of some senior revenue officials who have fraudulently entered the mutations pertaining to said property after decades and it is due to their influence & intervention the matter Is not investigated upon by the police department. It is also stated that after facing the injustice and harassment met to the applicant/complainant, the applicant craves for the intervention of this Ld. Court, hence the present complaint U/s 156 (3) Cr.P.C. The complainant has complied with all the requirements as envisaged under section 154 Cr.P.C thereby, exhausting legal remedies available under law and has filed the above mentioned complaint on 28.05.2021, therefore, a time period of 07 days has also been exhausted. A copy of applications has been enclosed with the application.
The application has been supported with an affidavit. Heard learned counsel for the applicant and perused the application and the documents annexed herewith. The property against which the offence alleged to have committed is Involved In a civil suit pending before the Ld. 1st Additional District Judge, Jammu.
Learned 1st Additional District Judge, Jammu in its Order dated 08-05-2017 has observed that after attachment of the suit property was withdrawn by the Sales Tax Department, the court continued in custodial legis of the property and directed SSP Jammu to ensure that the suit property is preserved and protected and not interfered In any manner whatsoever.
It is therefore, the duty of SSP Jammu to get protection and preservation of the suit property.
The offence alleged in the present application as such is also the violation of the order passed by learned trial court. As the suit property is custodial legis and SSP Jammu has already been directed to ensure that the suit property is preserved and protected and not interfered in any manner whatsoever and as such it can be stated that the applicant is not in possession of the suit property at this stage. In present circumstances as such it can’t be stated that any cognizable offence has been committed or not.
“Keeping in view, the facts and circumstances of the case, this court is of the opinion that in the present case the truth and veracity of the allegations, with respect whether any cognizable offence has been committed, is required to be verified and as such the application is disposed of with a direction to Senior Superintendent of Police, Jammu to conduct a preliminary inquiry himself or by a police officer not below the rank of inspector to verify the veracity of allegations made in present application and if some cognizable offence is made out he shall get investigate the matter according to the provisions of law”, it observed. |
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