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| Grabbing of Graveyard Land Court acquits three brothers | | | Early Times Report
Jammu, Oct-23-2k12 (JNF):- Principal Sessions Judge Jammu Jang Bahadur Singh Jamwal has acquitted Naik Mohd, Wali Mohd and Raj Mohd sons of Hajaj Ghulam Mustafa and issued General arrest Warrants against Haji Ghulam Mustafa S/O Shanga who were facing trial in the alleged land-grabbing of Graveyard.
According to the police case that Auqaf Islamia, Jammu vide its letter dated December 13, 2006 to the police Channi-Himmat that a live graveyard is situated at Haji Mohalla near Sector-C, Sainik Colony, Jammu, which is duly fenced with concrete walls by the inhabitants of the said locality. It has come to their notice that some land grabbers namely, Haji Ghulam Mustafa, Raj Mohd, Wali Mohd and Nek Mohd are encroaching upon this Wakaf graveyard land. These land grabbers with the help of JCB and tractors are digging the graves and levelling it and this can create a law and order problem. Finally have requested to interfere in the matter and to stop the encroachment on Wakaf Grave Yard Land and take an immediate action against the land grabbers at the earliest. On this basis of this written report, the police registered the case and commenced the investigation and after completion of investigation presented challan in the Court.
While acquitting the accused persons, Principal Sessions Judge Jammu Jang Bahadur Singh observed that Though the record shows that Auqaf Department is in possession of the land but none of the revenue official/officer has been examined by the prosecution to establish that the land was in possession of the Auqaf Department and was being used as a graveyard. There is nothing on record where the accused have graved the dead bodies or exhumed them for the purpose of rendering an insult.
Accordingly, in view of the discussion made hereinabove, Court is satisfied that the prosecution has failed to establish the case against the accused. The challan fails and the same is dismissed. The accused are hereby acquitted of the charge. Their bail bonds and personal bonds are discharge. The accused Haji Ghulam Mustafa has been proceeded u/s 512 CrPC and whenever he is arrested shall be brought before the court for facing trial. |
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