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 a complaint filed by one 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 & paid a sum of Rs 50,00,000 to the accused persons in presence of witnesses mentioned in the Agreement to Sell but 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 & ors also 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.
Magistrate Meyank Gupta observed that 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.
Magistrate further added that 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.
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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