In asignificant order the Judicial Magistrate 1st Class (Munsiff), Jammu PreetSimran K. Grover has directed SHO Police Station, Domana, Jammu to look intothe matter immediately and proceed under law and has further directed that acopy of this order be also sent to SSP Jammu for information.

These courtdirections 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 Section156(3) of Code of Criminal Procedure seeking appropriate directions to the SHOP/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 VillageLower Barnai, Tehsil Jammu North District Jammu under Section 447, 379, 295-Aand other relevant Sections of Indian Penal Code as the aforesaid persons areaccused of grabbing a larger part of Lower Barnai, Shamshan Ghat Ground.

In theapplication it has been alleged that land measuring 14 Kanals 11 Marlas fallingunder Khasra No.98 situated at Village Lower Barnai was kept for ShamshanGhat/Cremation Ground by the Villagers in the past but in the year 2012-13Chanchal Singh and his aforementioned four sons named above and some otherlocals illegally encroached upon the said cremation ground and the applicantwith some other locals approached the Deputy Commissioner, Jammu for removal ofsuch encroachment and after giving reasonable opportunity of being heard to theaccused persons and after due verification, the Assistant Commissioner(Revenue) Jammu vide order No.DCJ/SQ/2014-15/1384-85 dated 02-09-2014 foundthat the aforesaid land has been encroached upon by the accused persons andsome other locals which is required to be vacated and restored back toCremation Ground, and directed the concerned revenue officials to remove theencroachment under due course of law as provided under Section 133 of LandRevenue Act.

AdvocateIrtiza Mushtaq drew the attention of the Court to the subsequent order passedby Tehsildar Jammu North vide order No.TSW/OQ/15-16/Encroachment/764-66 dated14-11-2015 whereby Naib-Tehsildar Muthi Jammu was directed to remove theencroachment within one week positively and to take assistance of Police sothat encroachment shall be vacated and restored back to the Cremation Ground,Lower Barnai, Jammu.

During thecourse of arguments Advocate Irtiza Mushtaq further submitted that on16-08-2016 Tehsildar Jammu North with other concerned revenue officials andwith the assistance of local police demarcated and evicted the accused personsand some other locals from the aforesaid encroached land and handed it overback again to Cremation Ground, Lower Barnai, Jammu. Advocate for the applicantfurther submitted that on 17-08-2016 in presence of the concerned revenueofficials and the police officials of Police Station, Domana, Jammu, iron poleswere installed on the demarcated and evicted land by the locals for Cremation Ground,Lower Barnai, Jammu.

It was alsohighlighted during arguments that after 16-08-2016 till 19-10-2019, theaforesaid land was in the legal possession of Cremation Ground, Lower Barnai,Jammu but on 19-10-2019 the aforesaid accused persons, all sons of ChanchalSingh again illegally and forcefully encroached the Cremation Ground, LowerBarnai, Jammu by forcibly digging out the concrete/iron poles and stealing themand further by putting 8-10 trollies of debris in the shape of concrete overthe said cremation ground which has resulted into outraging the religiousfeelings and insult to the ancestors of the locals whose cremation has takenplace in the said cremation ground and the local people used to worship theirancestors at the place where the debris has been unloaded from the trollies bythe aforesaid accused persons; and from 19-10-2019 a large part of theaforesaid Cremation Ground, Lower Barnai, Jammu is under the illegal andforceful possession of the aforesaid accused persons.

On 05-03-2020the applicant along with other locals of Village Lower Barnai filed anapplication before SHO P/s Domana Jammu for registration of FIR against theaforesaid 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 accusedpersons, as such on 14-03-2020 the applicant moved an application under Section154(3) CrPC before SSP Jammu for registration of FIR against the aforesaidaccused persons but till date neither any action has been taken against theaforesaid accused persons nor FIR has been registered.

Afterconsidering the submissions of Advocate Irtiza Mushtaq appearing for theapplicant Pradeep Singh, the Court of JMIC (Munsiff),  Jammu Preet Simran K. Grover issueddirections to SHO, Police Station Domana to look into the matter immediatelyand proceed under law and further directed that a copy of this order be alsosent to SSP, Jammu for information. With these directions and observations theCourt disposed off the application.