SRINAGAR: The Crime Branch Kashmir produced Charge-sheet in case FIR No: 59/2016 U/S 420, 423, 193, 120-B RPC before the Hon’ble Court of City Judge Srinagar against the accused Mohd Yaqoob Halwaie son of Ghulam Ahmad Halwaie a resident of Habba Kadal and Mushtaq Ahmad Bhat S/O Ab. Ahad Bhat, R/O Zaldagar Srinagar, for intending to grab the share of the complainant (Nazir Ahmad Halwaie) in the house/land, which come under road widening at safriyar Habakadal.
The brief facts of the case are that Crime Branch Kashmir received a complaint from Nazir Ahmad Halwaie S/o Gh. Ahmad Halwaie R/o Kharyar Habakadal Srinagar, alleging therein that the suspect Mushtaq Ahmad Bhat, Mohd Yaqoob Bhat residents of Haba Kadal Srinagar and Patwari Mohd Sultan in league with each other have hatched a criminal conspiracy and by falsification of revenue records have denied the complainant of his due share of compensation in the house/land which has come under road widening showing the suspects as owners and possessors of land/house in question and on the strength of these fake documents have successful in awarding the compensation in their favour and denied the complaint of his due share of compensation. Accordingly, the instant case was registered under sections 420, 468, 471 RPC and investigation started.
During the investigation, it was found that the complainant Nazir Ahmad Halwaie and accused Mohd Yaqoob Halwaie are real brothers who had purchased four storied building from Prithvi Nath Sadhu and others at Safriyar Habakadal in the year 1985. The complainant and accused Mohd Yaqoob Halwaie took possession of the said building in equal shares. During the passage of time the whole structure came under road widening and the Govt. sanctioned an amount of 42 lacs in favour of the dwellers of the said structure. The accused Mohd Yaqoob Halwaie deprived the complainant of his legitimate compensation share so sanctioned by hatching a criminal conspiracy with his relative Mushtaq Ahmad Bhat (Brother-in-Law). In furtherance of criminal conspiracy, he resorted the falsification of affidavits reflecting therein that the accused Mohd Yaqoob Halwaie and Mushtaq Ahmad Bhat are the owners of the said property instead of the complainant.
During the course of the investigation, spot verification was conducted by then Patwari Halqa Habbakadal and it was found that the house/land in question is Abadi-Deh & the accused are in joint possession of the said residential house situated at Safriyar Habbakadal. As per the revenue records, the said property falls under the Abadi-Deh category under Survey No: 2360/2022 & there was no entry with regard to ownership rights in the revenue records, in respect of any migrant or any other person due to which alienation permission was not required. Further, Mohd Yaqoob Halwaie and Mushtaq Ahmad Bhat have produced an affidavit before the said Pathwari, duly attested by the Judicial Magistrate 1st class which mentioned the duo (accused) are the owners & in possession of the said residential house & no other person other than the accused persons are having any share in the said house. After the production of said affidavits by the accused persons, the concerned Pathwari Halqa issued revenue extracts in favour of accused persons.
