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| Manipulating false, frivolous case against the accused | | |
Jammu, Dec 21
In an interesting case, the Forest Magistrate Jammu, Mr. MR Chak asked IO Rajesh Sharma, the then Sub-Inspector Incharge P/P Narwal, to show cause as to why he may not be proceeded for manipulating a false and frivolous case against the accused when there was no such order directing him to go on spot, failing which it shall be presumed that he has nothing to say in this regard and appropriate proceedings as warranted under law shall be initiated against him. Court also issued show cause notice to complainant Latif Ahmed.
These notices were issued in a case regarding land-measuring 14 Marlas situated at Narwal. Court observed that there is nothing in black and white by any Court directing Officer-Incharge to visit the spot and he has assumed the powers of his own and has to account for it. The evidence led by the prosecution is shaky, concocted and unworthy of credence and has no legs to stand upon. No independent witness has been cited by the IO and police had no such order to visit the spot and providing the so called protection to the complainant and in connivance with him the police has put him in possession and dispossessed the accused therefore the challan is dismissed and accused namely Fazal Din, Mohd Hussain, Ghulam Ali, Noor Hussain and Syed Hussain all residents of Narwal Bala Jammu acquitted of the charges of 447/353 RPC.
Forest Magistrate, while acquitting the accused, further observed that the prosecution against the accused came to be launched by then Officer Incharge PP Narwal Rajesh Sharma, who caused an entry to be made in the daily dairy on April 14, 2000 with the contents that he was directed by the Forest Court to proceed on spot and provide protection to the complainant but no such order of the Court has been made. The officer concern has transgressed his powers in connivance with the complainant and dispossessed the accused and helped the complainant in taking forcible possession of the disputed land regarding which civil suit was pending.
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