Excelsior Correspondent
Srinagar, Jan 28: High Court has quashed the FIR registered on the directions of Judicial Magistrate as also the proceedings pending before Crime Branch (CB) emanating from the said FIR and observed that continuance of criminal proceedings against the alleged accused-petitioners would amount to abuse of process of law.
The complaint filed with regard to a will deed for a piece of land under which the co sharer who is father of the complainant has given the land to his grandson and others leaving the complainant aside.
Complainant alleges that half of the amount was spent by him while purchasing the said piece of land but the will deed executed on the said land is forged and fabricated.
Holding the FIR as also the proceedings on the outcome of said FIR before the court of law as bad, Justice Sanjay Dhar while exercising its inherent powers under the provisions of Code of Criminal Procedure quashed the FIR under challenge as also the proceedings before the court below.
Justice Dhar while allowing the petition of the petitioners said the continuance of proceedings against the petitioners would amount to an abuse of process of law because the same would militate against the legal status of conclusiveness of genuineness of the ‘will’ which the court said, stands probated by the orders of the competent court.
“The case at hand is, therefore, fit one where this court should exercise its inherent powers to quash the impugned FIR. Accordingly, the petition is allowed and the impugned FIR as well as the proceedings there-from are quashed”, Court concluded.
Court after considering the matter at length recorded that it is not legally permissible for Investigating Authority (CB) to undertake investigation with regard to genuineness of the document in question which has been proved to be genuine by the competent court which particularly has not been revoked or altered till date.
Justice Dhar said the judgment of the probate court in respect of the validity of document in question being conclusive and binding on all persons as such it is not open for CB to go behind it in these proceedings.
The FIR 49/2019 was registered under various offences with the Police Station Crime Branch, Jammu on the complaint filed before the court of Judicial Magistrate 1st class (Munsiff) Jammu alleging therein fabricated and forged ‘Will document’ purported to have been executed by the accused-persons and the father of the complainant and petitioners.
Court, however, left free to complainant to examine the original record of the Probate Court and said, if there is any unauthorized insertion or overwriting in the order of the court, then the complainant is at liberty to bring the same to the notice of the court of Principal District Judge Jammu and seek action in accordance with law.
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