STATE TIMES NEWS
JAMMU: Special Municipal Mobile Magistrate Jammu Meyank Gupta directed Crime Branch to register FIR against fraudster Tarsem Lal, Anu Sharma, Rajesh Kumar and Narinder Singh.
According to the complaint filed by Ravan Kumar other that they made an agreement to sell of land with the alleged accused for setting Industrial Unit and pursuant to negotiations, the accused persons executed an Agreement to Sell dated 17th March, 2023 (inadvertently due to cut and paste of format of Agreement to sell, the date remained unchanged as August, 2022, though the Notary Public attested the said Agreement to Sell on 17th March, 2023 and put date 17th with his own hand), duly attested by Kuldeep Raj Advocate, the Notary Public Kathua on 17th March, 2023 and the complainants paid a sum of Rs. 50,00,000 to the accused persons in presence of witnesses mentioned in the “Agreement to sell”. The accused persons have duly acknowledged the same. Thereafter, the complainants further paid an amount of Rs.20.00 lakh to the accused persons. The total amount paid to the accused persons till date is Rs.70.00 lakh. It is pertinent to mention here that when the above mentioned amount of advance was paid to the accused No.l, 3 and 4, accused No.2.
The complainants came to know few days back that the accused persons have deceitfully facilitated the execution of the Sale Deeds whereby accused No.2 Anu Sharma wife of accused No.l Tarsem Lai has sold land measuring 32 Kanals 6 Marias and Dilawar Singh, Gurmukh Paul Singh, Paramjit Kour and Talwinder Kour have sold land measuring 26 Kanals 16 Marias and Jaswant Singh, Gurmukh Singh, Aniket Singh and Jasvir Kaur have sold land measuring 27 Kanals 9 Marias out of the Khasra No.1147 min, Khasra No.1143 min, 1171 min, 1119 min and In Khasra No. 1170 situated at Village Dollian Jattan, Tehsil Marheen District Kathua in favour of M/s Dhunseri Poly Films Private Limited, Unibourne Industries Private Limited and Varinder Sharma, respectively out of the land for which the accused persons have executed an Agreement to Sell in favour of the complainants and have already received Rs.70.00 lakh from the complainants, thus have cheated and committed criminal breach of trust.
Court after Adv Ravinder Sharma with Adv Aditya Vikram Sharma for the applicants, observed that as per the import of the Lalita Kumari Vs State of U.P & Ors judgment passed by the Apex Court that if the contents of the complaint show commission of cognizable offence, then the Police Officer is bound to register the FIR. I am of the view that whether or not the offence complaint of is made out is to be determined at the stage of investigation or trial and if after conducting the investigation, the Police find that no offence is made out, they may file report u/s 173 Cr.PC but it is not open to a police officer to decline to register an FIR when the complaint they receive discloses the commission of cognizable offence. I am further in agreement with the contention of the Ld. Counsel that sufficient time was taken by the Crime Branch for evaluating the allegations raised by applicants/complainants against the non-applicants/accused persons but till date no FIR has been registered inspite of the fact that the complaint submitted before the Crime Branch shows commission of cognizable offence and it is admitted by the Crime Branch that they have received the complaint from the applicants/complainants in this regard. Court is of the considered view that if the application in hand is not allowed, it will lead to injustice with the applicants/complainants and there is every probability that the accused persons will further commit fraud and further perpetuate the crime with respect to the same land in question. Accordingly, Senior Superintendent of Police Crime Branch (EOW) Jammu is directed to investigate the matter under Section 156(3) Cr.PC by registering FIR.
