Excelsior Correspondent
JAMMU, May 10: Special Municipal Mobile Magistrate Jammu Meyank Gupta has directed Crime Branch to register FIR against fraudsters Tarsem Lal, Anu Sharma, Rajesh Kumar and Narinder Singh.
According to the complaint filed by Ravan Kumar and others, they made an agreement to sell land with the alleged accused for setting industrial unit and pursuant to negotiations, the accused persons executed Agreement to Sell dated 17th March, 2023 and inadvertently due to cut and paste of format of Agreement to Sell, the date remained unchanged as August 2022.
Accordingly, the complainants paid a sum of Rs 50,00,000 to the accused persons in presence of witnesses mentioned in the Agreement to Sell. Thereafter, the complainants further paid an amount of Rs 20 lakh to the accused persons. Later, the complainants came to know that the accused persons have deceitfully facilitated the execution of the Sale Deeds whereby accused Anu Sharma wife of Tarsem Lal has sold land measuring 32 Kanals and 6 Marias; Dilawar Singh, Gurmukh Paul Singh, Paramjit Kour and Talwinder Kour sold land measuring 26 Kanals and 16 Marlas and Jaswant Singh, Gurmukh Singh, Aniket Singh and Jasvir Kaur sold land measuring 27 Kanals and 9 Marlas 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 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.
After hearing Advocate Ravinder Sharma with Advocate Aditya Vikram Sharma for the applicants, Magistrate observed, “I am of the view that whether or not the offence 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 under Section 173 CrPC 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 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”, Magistrate further said.
Accordingly, court directed Senior Superintendent of Police Crime Branch (EOW) to investigate the matter under Section 156(3) CrPC by registering FIR.
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