In a significant order the Judicial Magistrate 1st Class (Munsiff), Jammu Preet Simran K. Grover has directed SHO Police Station, Domana, Jammu to look into the matter immediately and proceed under law and has further directed that a copy of this order be also sent to SSP Jammu for information.
These court directions were passed in an application filed by Pradeep Singh son of Late Sh. Hans Raj R/o Lower Barnai, Jammu through Advocate Irtiza Mushtaq under Section 156(3) of Code of Criminal Procedure seeking appropriate directions to the SHO P/S Domana to register an FIR against the accused Ranjeet Singh, Angrez Singh, Yashpal Singh and Sham Singh all sons of Chanchal Singh residents of Village Lower Barnai, Tehsil Jammu North District Jammu under Section 447, 379, 295-A and other relevant Sections of Indian Penal Code as the aforesaid persons are accused of grabbing a larger part of Lower Barnai, Shamshan Ghat Ground.
In the application it has been alleged that land measuring 14 Kanals 11 Marlas falling under Khasra No.98 situated at Village Lower Barnai was kept for Shamshan Ghat/Cremation Ground by the Villagers in the past but in the year 2012-13 Chanchal Singh and his aforementioned four sons named above and some other locals illegally encroached upon the said cremation ground and the applicant with some other locals approached the Deputy Commissioner, Jammu for removal of such encroachment and after giving reasonable opportunity of being heard to the accused persons and after due verification, the Assistant Commissioner (Revenue) Jammu vide order No.DCJ/SQ/2014-15/1384-85 dated 02-09-2014 found that the aforesaid land has been encroached upon by the accused persons and some other locals which is required to be vacated and restored back to Cremation Ground, and directed the concerned revenue officials to remove the encroachment under due course of law as provided under Section 133 of Land Revenue Act.
Advocate Irtiza Mushtaq drew the attention of the Court to the subsequent order passed by Tehsildar Jammu North vide order No.TSW/OQ/15-16/Encroachment/764-66 dated 14-11-2015 whereby Naib-Tehsildar Muthi Jammu was directed to remove the encroachment within one week positively and to take assistance of Police so that encroachment shall be vacated and restored back to the Cremation Ground, Lower Barnai, Jammu.
During the course of arguments Advocate Irtiza Mushtaq further submitted that on 16-08-2016 Tehsildar Jammu North with other concerned revenue officials and with the assistance of local police demarcated and evicted the accused persons and some other locals from the aforesaid encroached land and handed it over back again to Cremation Ground, Lower Barnai, Jammu. Advocate for the applicant further submitted that on 17-08-2016 in presence of the concerned revenue officials and the police officials of Police Station, Domana, Jammu, iron poles were installed on the demarcated and evicted land by the locals for Cremation Ground, Lower Barnai, Jammu.
It was also highlighted during arguments that after 16-08-2016 till 19-10-2019, the aforesaid land was in the legal possession of Cremation Ground, Lower Barnai, Jammu but on 19-10-2019 the aforesaid accused persons, all sons of Chanchal Singh again illegally and forcefully encroached the Cremation Ground, Lower Barnai, Jammu by forcibly digging out the concrete/iron poles and stealing them and further by putting 8-10 trollies of debris in the shape of concrete over the said cremation ground which has resulted into outraging the religious feelings and insult to the ancestors of the locals whose cremation has taken place in the said cremation ground and the local people used to worship their ancestors at the place where the debris has been unloaded from the trollies by the aforesaid accused persons; and from 19-10-2019 a large part of the aforesaid Cremation Ground, Lower Barnai, Jammu is under the illegal and forceful possession of the aforesaid accused persons.
On 05-03-2020 the applicant along with other locals of Village Lower Barnai filed an application before SHO P/s Domana Jammu for registration of FIR against the aforesaid accused persons and a copy of the same was also sent to DC Jammu. Since no FIR was registered by SHO P/S Domana against the aforesaid accused persons, as such on 14-03-2020 the applicant moved an application under Section 154(3) CrPC before SSP Jammu for registration of FIR against the aforesaid accused persons but till date neither any action has been taken against the aforesaid accused persons nor FIR has been registered.
After considering the submissions of Advocate Irtiza Mushtaq appearing for the applicant Pradeep Singh, the Court of JMIC (Munsiff), Jammu Preet Simran K. Grover issued directions to SHO, Police Station Domana to look into the matter immediately and proceed under law and further directed that a copy of this order be also sent to SSP, Jammu for information. With these directions and observations the Court disposed off the application.