Srinagar, Nov 18: The High Court of Jammu & Kashmir and Ladakh has upheld the FIR against the ex-revenue official for illegally and fraudulently transferring the evacuee land measuring 201 Kanals and 04 Marlas in the name of different individuals after resorting to falsification of revenue records.
The court of Justice Vinod Chatterji Koul dismissed the plea filed under Section 482 of the Code of Criminal Procedure by Sheikh MuneerAkther, retired Tehsildar of Srinagar, seeking quashing of FIR registered in police station Crime Branch, Kashmir on September, 01, 2022 for offences punishable under Section 420, 467,468, 471 and 120-B RPC read with section 5 (2) of Prevention of Corruption (PC) Act 2006.
As per the report filed by the respondents, Faquir Ullah and others were having ownership rights over 201 kanals 04 marlas of land situated in Estate Batmaloo, had migrated to Pakistan and are presently residing at Tehsil Kotli Pakistan.
It was stated that the land, which was left by said evacuees, was found to have been illegally transferred in the name of different individuals after resorting to falsification of revenue records by taking recourse either to Section 4 & 8 of Agrarian Reforms Act (ARA) or to the sale deeds after making fraudulent entries by the then Revenue Officials in league with accused beneficiaries.
After enquiry into the matter, a case FIR registered under Sections 420,467,468, 120-B RPC read with section 5(2) P.C. Act was registered in Crime Branch Kashmir.
Declining to quash FIR, the court noted that Section 482 Cr.P.C. preserves the inherent powers of the High Court to prevent an abuse of process of any court or to secure the ends of justice.
The bench underscored that the provision does not confer new powers. It only recognizes and preserves powers which are inherent in the High Court.
“The power of the High Court has a wide ambit and plenitude, it has to be exercised to secure ends of justice or to prevent an abuse of the process of any court,” the court said.
Justice Koul recorded that the petition on hand, when looked from all angles, requires and demands meticulous analyzation of facts by this Court as if it is in appeal and acting as an appellate court and to draw its own conclusion vis-à-vis FIR, complaint and proceedings emanating therefrom.
“This is not the aim and objective of provisions of Section 482 Cr.P.C. more particularly when petition on hand does not make out any case that inherent powers are to be exercised to prevent abuse of process of law and to secure ends of justice,” the bench said, adding, “In that view of matter, petition on hand is liable to be dismissed.”
