Jammu & Kashmir High Court - Srinagar Bench
Mohammad Akbar Sheikh And Ors vs Ut Of J&K Through Ps Trehgam And Anr on 28 December, 2022
Author: Sanjay Dhar
Bench: Sanjay Dhar
S. No. 88
Before Notice Matters
HIGH COURT OF JAMMU &KASHMIR AND LADAKH
AT SRINAGAR
CRM(M) No. 592/2022
CrlM No. 1613/2022
Mohammad Akbar Sheikh and Ors. .....Petitioner(s)
Through: Mr. T. A. Lone, Adv.
V/s
UT of J&K through PS Trehgam and anr. ..... Respondent(s)
Through:
CORAM:
Hon'ble Mr. Justice Sanjay Dhar, Judge.
ORDER
28.12.2022 The petitioners have challenged FIR No. 27/2022 for offences under Sections 447, 506 and 147 IPC registered with Police Station, Trehgam.
It is contended by learned counsel for the petitioners that there is a civil dispute going on between the petitioners and respondent No. 2/complainant over a piece of land and in this regard, litigation between the parties is pending before the civil courts.
Learned counsel for the petitioners has further submitted that a number of interim orders have been passed by the civil court in respect of the disputed land, which respondent No. 2 claims to be ancestral and unpartitioned, though the partition of the property has taken place long back. It is submitted that under the garb of the impugned FIR, respondent No. 2 is trying to dispossess the petitioners from the land in question. The petitioners have placed on record documents to demonstrate that there is a civil dispute going on between the parties regarding the land in question.
Issue notice to the respondents. notice be sent to the respondent No. 1 through Mr. Sajad Ashraf, learned GA. Notice be sent to respondent No. 2 through concerned Police Station.
In the meantime, the investigation in the impugned FIR shall remain stayed.
List on 13.03.2023.
(Sanjay Dhar) Judge SRINAGAR 28.12.2022 "Aasif