IN THE COURT OF LEARNED CHIEF JUDICIAL MAGISTRATE

JAMMU.

1. Nizam Ud Din
S/o Fateh Mohd
R/o Kalaban
…APPLICANT

VERSUS

1. Senior Superintendent of Police (SSP)

Crime Branch Jammu
CPO Complex Jammu
U.T. Of Jammu and Kashmir.
2. Harpreet Singh
3. Charanjeet Singh
Both S/o late. Inder Singh
4. Surinder Kour W/o Late S. Inder Singh
All residents of Poonch
W. No 9 Mohalla Kamsar.

…NON-APPLICANT

IN THE MATTER OF: -

Application under section 156 (3) of
CrPC for registering FIR under section
420 IPC read with section 120 B IPC
against (1) Harpreet Singh (2)
Charanjeet Singh sons of late. Inder
Singh (3) Surinder Kour W/o Late S.
Inder Singh all residents of Poonch W.
No 9 Mohalla Kamsar.
&
directing the SSP Crime Branch to
furnish the latest status report of
investigation in the aforesaid
complaint.

MAY IT PLEASE YOUR HONOUR;

The complainant most respectfully submits as under:-

1. That the applicant is a law abiding citizen of this country who is living a
respectable life without any criminal record/complaint against him.

2. That the applicant is currently serving in army and is posted in Delhi.

3. That on may 2019 Harpreet Singh offered 1 kanal land situate at Kamsar
Poonch under Khasra No. 597 for the amount of Rs. 80 lakh only. Applicant
paid Rs 25 lakh in advance as per the request of the non applicant. Copy of the
agreement reflecting the said position is enclosed.

4. That Harpreet Singh promised to transfer the ownership of the land within one
month but unfortunately after one month Harpreet Singh went missing because
an FIR was lodged against him.
5. That the applicant approached the family members of Harpreet Singh consisting
of Charanjeet Singh and Surinder Kour who assured that everything will be
sorted out as soon as Harpreet Singh returns or is bailed out.

6. That in between the applicant started basic construction on the land in order to
demarcate his land.

7. That in between the applicant was stopped by the police officials and the work
remained stopped and the record was verified in which it was found that Mehta
Hakam Singh is the lawful owner of the land which is shown by Harpreet Singh
as his own land by misrepresentation and fraud so as to make the complainant
believe that accused is the lawful owner of the land and so as to make the
complainant to transfer his hard earned money in favour of accused persons
with guilty intention.

8. That the applicant invested 3 lakhs on the construction work on the said land but
all in vain.

9. The applicant again tried to approach the Harpreet Singh and his family
members for the redressal of the grievance but instead of returning the money
and apologizing, Harpreet Singh and his brother started giving life threats to the
applicant.

10. That the applicant lost his hard earned money to fraudsters which was taken on
the account of personal loan.

11. That Harpreet Singh is a habitual offender against whom multiple FIRs have
been registered.
The details of the FIR are as follows-
a. FIR No. 124/2011 dated 20-06-2011 P.S Poonch
b. FIR No. 55/2012 dated 15-04-2012 P.S Poonch
c. FIR No. 22/2009 dated 24-02-2019 P.S Poonch
d. FIR No. 57/2019 dated 08-05-2019 P.S Poonch
e. FIR No. 170/2019 dated 04-10-2019 P.S Poonch

12. That Assistant Commissioner (Central) with Divisional Commissioner Jammu

wrote a letter to Deputy Commissioner Poonch bearing No.
502/Misc/Poonch/22/672 dated 15-07-2022 regarding lawful action, constitution
of inquiry commission and protection of state land and declaring the non
applicants as blackmailers and smugglers of govt land and registration of FIR
against (1) Harpreet Singh (2) Charanjeet Singh sons of lt. Inder Singh (3)
Surinder Kour W/o Lt. S. Inder Singh all residents of Poonch W.No. 9 Mohalla
Kamsar.

13. That the non applicants are a serious threat to the society and in case no strong
action is taken against them within time, they can end up causing serious loss to
the state land/forest land as well as the society at large.

14. That the non applicant along with his family members namely Charanjeet Singh
son of late. Inder Singh & Surinder Kour W/o Late S. Inder Singh has been
continuously defrauding people. They all are consistently committing the crime
of criminal conspiracy as the conspiracy under section 120 A of IPC consists of
an agreement or a combination or confederation between two or more persons
formed for the purpose of committing by their joint efforts, some unlawful or a
criminal act or to do a lawful act by unlawful means. Their joint efforts make
people to believe in them which makes it easy for them to defraud innocent
people and make them fall in their trap.
 15. That the non applicants have induced the applicant to believe that a thing is true
which is false and which the person practicing the deceit knows or believes to
be false. It is also shown that there existed a fraudulent and dishonest intention
at the time of commission of the offence. The above mentioned essentials
constitute the crime of Cheating and dishonestly inducing delivery
of property under Sec 420 of the IPC. The non applicants are with false and
fraudulent intentions deceiving people since a long time and a strong action
must be taken against them before the cause an irreparable injury to anyone.

16. That the complainant made a complaint to the SSP Crime branch
dated 02-12-2022 against (1) Harpreet Singh (2) Charanjeet
Singh sons of late. Inder Singh (3) Surinder Kour W/o Late S.
Inder Singh all residents of Poonch W. No 9 Mohalla Kamsar in
crime branch Jammu regarding lawful action against the non-
applicants. Copy of the complaint along with the postal receipt is
enclosed herewith as ANNEXURE-1.
17. That the crime branch is under the jurisdiction of this Honble
Court and the investigating agency has to conduct investigation
and submit charge-sheet in the court which has not been done so
far.
18. That under CrPC CJM is competent to direct the Crime Branch to
furnish the status report and this Honble court is further
competent to monitor the investigation in the interests of justice.

In the premises it is most humbly prayed that –

Your honour may be pleased to -

1. Direct SSP Crime Branch Jammu to furnish the status report as
regards the status of investigation into the complaint filed by the
complainant against the accused.
2. And further direct the SSP Crime Branch Jammu to register an
FIR against the accused in the interest of justice to protect the
state land and the public at large.

THE APPLICANT
THROUGH COUNSEL
DATED:

FAIZ UL ARIF FAHMI

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