Jatinder Singh v. Union Territory of Jammu and Kashmir Th S S P Samba and Another

ORDER

07.05.2025

01.

1.Petitioner has invoked inherent jurisdiction of this Court, under Section 482 of the Code of Criminal Procedure, 1989 ["Cr. P.C"], for quashment of FIR No. 0145, dated 26.09.2019, under Sections 447 A RPC and 156 of J&K Water Resources (Regulation and Management) Act, 2010 (for short, "the Act") primarily on the ground that complainant-respondent No. 2 has levelled omnibus and vague allegations without the revenue record.

¶02The background facts lie in a narrow compass. Respondent No. 2 lodged a complaint against the petitioner, alleging inter alia that he had encroached upon a Government land and built a Karate, using steel wire mesh, at Gurha Slathia, near Bari Kamila Village.

¶03Section 482 Cr. P.C saves inherent jurisdiction of High Court, to prevent the abuse of process of law and to secure the ends of justice.

¶04Respondent has filed latest status report, a perusal whereof, reveals that revenue authorities were approached for demarcation of the subject land, the demarcation was conducted and it revealed that it is not a State land and Steel Karate is built on the Proprietary land, registered in the name of different owners. The demarcation report is part of the status report, which also reflects names of the owners of the land.

¶05Section 447-A RPC deals with criminal trespass of public premises, within the meaning of Section 441 A RPC, which for the ease of reference, is reproduced as under:- "441-A. Criminal trespass of public premises.— Whoever— (a) unlawfully enters into or occupies any public premises or having been evicted from any public premises under any law for the time being in force, again occupies the premises without authority for such occupation; or............."

¶06The petitioner has also been charged with Section 156 of the Act which deals with offences related to irrigation or hydraulic works of the Government.

¶07It is manifest from a perusal of Section 441-A RPC read with Section 447-A RPC and Section 156 of the Act that they can be invoked in cases of encroachment of public premises or offences related to irrigation or hydraulic works, constructed, maintained or controlled by the Government for the usage or storage of water or irrigation purposes. As per the status report, subject land is not a Government land and is a Proprietary land. As such, both the offences are not made out against the petitioner.

¶08In view of the above, present petition is allowed and impugned FIR is quashed.

¶09Petition is, accordingly 'disposed of' along with connected application(s).

¶10Interim order, if any, shall stand vacated.

(RAJESH SEKHRI)

JUDGE Jammu

07.05.2025 Renu

Whether the Order is speaking?

Yes. Whether the Order is reportable?

No.

Renu Bala 2025.05.13 13.48 Jammu

Sr. No.30 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Case: CRM(M) No. 164/2020 CrlM No. 503/2020 01. Jatinder Singh S/o Chanchal Singh R/o Village Gurha Slathia Garh Mandi, Tehsil Vijaypur, District Samba. …Petitioner(s)/Appellant(s) Through: Mr. Jagpaal Singh, Advocate. V/s 01. Union Territory of J&K Through Senior Superintendent of Police Samba. 02. Station House Officer, Vijaypur, District Samba. …. Respondent(s) Through: Mr. Vishal Bharti, Dy. AG. CORAM: HON'BLE MR. JUSTICE RAJESH SEKHRI, JUDGE