01. Petitioners have invoked inherent jurisdiction of this Court for the
quashment of FIR No. 379/2022, registered with Police Station Nagrota,
primarily on the ground of ‘double jeopardy’.
02. Before a closer look at the grounds urged in the memo of petition, some
admitted facts regarding two complaints preferred by respondent no. 3
(hereinafter referred to as “the complainant”) are required to be noticed.
FIRST COMPLAINT
03. As factual matrix would unfurl, on 24.05.2024 complainant preferred a
written complaint in the Court of learned CJM, Jammu, in terms of Section
156(3) CrPC, against petitioner no 2, namely, Yash Pal for offence under
Section 420 RPC, stating inter alia that his father late Sobha Singh 2026:JKLHC-JMU:2146
had
appointed petitioner no. 1 as Pujari of Shiv Mandir, existing on his land and
allowed him to use the land subject to certain terms and conditions for a decent
livelihood only and an affidavit in this respect was also executed. The decision
was taken in the presence of respectable members of the community and
residents of Sidhra Bye-pass area. His father passed away on 14.02.2002,
whereafter petitioner no. 2 taking advantage of the situation, started indulging in
activities contrary to the duties assigned to him and began hobnobbing with
certain strangers with a view to grab the landed properties.
