SRINAGAR,
MAY 25: Crime Branch Kashmir presented charge sheet of case FIR No: 22
of 2016 U/S 420, 468, 471, 120-B RPC before the Court of Chief Judicial
Magistrate Srinagar against two accused persons namely Bashir Ahmad Rah and
Nazir Ahmad Rah Ss/O of Abdul Rehman Rah R/o Gunz Khud Dabtal Srinagar .
The case was registered at P/S Crime Branch
Kashmir on 28-04-2016 on a written complaint lodged by one Mst Jameela. It was
alleged that the non-applicants/ accused have sought permission for raising
construction of a house situated at Gunz Khud Srinagar by fraudulent means
after resorting to fraud signatures and thumb impression of the complainant on
the application form.
According to a statement issued by Bashir Ahmad
Shah, Staff Officer to
IGP Crime Branch J&K, the investigation revealed that besides
accused Bashir Ahmad Rah and Nazir Ahmad Rah, Abdul Rashid Rah husband of the
complainant Mst Jameela, and Mst Saleema, Mst Naseema, Mst Shaheena and Mst
Zemal are having ownership rights over the said property as per revenue
records.
The statement said that ownership rights of the
said persons are devolved upon them in terms of mutation No: 1733 as per the
revenue record collected/seized during the course of investigation. The
investigation has further revealed that in the devastating floods of September
2014, the subject matter property got damaged and in order to raise
construction afresh, the accused Bashir Ahmad Rah and Nazir Ahmad Rah had
approached the office of Municipal Corporation Srinagar for necessary
permission to raise construction of the damaged house. It was further found that
office of Municipal Corporation has issued permission in terms of order No: 272
dated 22-04-2015 on fast-track basis in favour of the accused brothers. The
investigation has also revealed that subsequent to grant of building
permission, the complainant through his son Abid Rashid has made a
representation to Assistant Commissioner Revenue Srinagar that permission granted in favour of the said persons is not
based on facts but has been issued fraudulently because of the fact that the
ownership rights of the property vests in five other persons namely Mst
Saleema, Mst Shaheena, Mst Naseema and Mst Zeemal and the husband of the
complainant Abdula Rashid Rah while as the accused persons have dishonestly
concealed actual ownership of the property and secured permission fraudulently
in their favour. It was further found that subsequent to this representation
the permission granted in terms of the order No. 272 was kept in abeyance by
the office of Municipal Corporation Srinagar. The investigation has also revealed
that another application attributed to all the claimants has been made by
accused persons before the Municipal Corporation Srinagar for grant of
permission. The application includes the name of the son of the complainant at
serial No. 02, however during examination the said Abid Rashid has disowned
making of such application and signatures attributed to him on such
application. The Srinagar Municipal Corporation was found to have issued
another permission vide order No. 818 of 2015 dated 23-12-2015 on the basis of
above said application reflecting the name of all the persons having ownership
rights over the property. During investigation it a was found imperative to ascertain genuineness or otherwise of signatures on the application attributed to Abid Rashid son of
the complainant and after subjecting the signatures to examination by forensic
expert , it was found that accused Bashir Ahamd Rah is the author of the
signatures and, as such, was found to have resorted to forgery.
The investigation has found that accused persons
have dishonestly and fraudulently resorted to falsification of documents and
succeeded to obtain building permission fraudulently to deprive the complainant
of her share in the property, the statement said.
