Jammu & Kashmir High Court – Srinagar Bench
Mohammad Ayub Pandith And Ors vs Ut Of J&K And Anr on 7 February, 2025
Author: Vinod Chatterji Koul
Bench: Vinod Chatterji Koul
S. No. 20
Regular Cause List
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
CRM(M) No. 40/2023
Mohammad Ayub Pandith and Ors. ...Appellant/Petitioner(s)
Through: Mr. Arif Ahmad, Advocate vice
Mr. Azim Pandith, Advocate
Vs.
UT of J&K and Anr. ...Respondent(s)
Through: Mr. Jehangir Ahmad Dar, Advocate
CORAM:
HON'BLE MR JUSTICE VINOD CHATTERJI KOUL, JUDGE
ORDER
07.02.2025
1. Petitioners in this petition filed under Section 482 Cr.P.C., are seeking
quashing of order dated 07.07.2022 passed by Chief Judicial
Magistrate, Sopore, (“CJM” for short) in an application under Section
156(3) Cr.PC. They also seek quashing of FIR No. 141/2022, registered
with Police Station, Sopore, for the offences under Section 294, 341,
354, 355, 427, 447 & 506 IPC, precisely on the grounds that the
direction given to SHO, Police Station Sopore, for registration of
impugned FIR is against the canons of law; that the order passed by
CJM falls short of recording a satisfaction in terms of the law for
issuing a direction for registration of FIR in question.
2. It is argued by learned counsel for the petitioners that the respondent
no.2/complainant instead of approaching the Station House Officer or
Senior Superintendent of Police, concerned, has moved an application
under Section 156(3) read with Section 190 Cr.P.C. before CJM
seeking a direction upon respondent No.1, for registration of FIR. It is
further argued by him that the direction of CJM to the police authorities
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for registration of FIR is bad in law. Therefore, the impugned order on
the basis of which FIR has been registered is bad in law and is required
to be quashed.
3. Heard learned counsel for the parties and perused the material on
record.
4. Perusal of complaint, particularly para 8 thereof, reveals that
complainant had approached SHO concerned with a written complaint;
when no action was taken by SHO, complainant moved an application
under Section 156(3) Cr.PC, read with Section 190 Cr.PC, before CJM
seeking direction upon SHO concerned to register FIR. Order impugned
dated 07.07.2022, passed by CJM in application reads as under:-
“Instant application has been presented by the complainant seeking
direction upon SHO P/s concerned for proceeding against the
accused persons on the grounds that the complainant is self
employed women running her own computer institute under name
and style M/s Kousariya Computer Institute from the rental premises
at Main Chowk Sopore; that the accused person no.1 is the landlord
of the very premises which is let out on rental remuneration to the
complainant for operating said institute since the year 2000; that the
complainant was enjoying peaceful use, occupation and enjoyment
thereof of the said premises without any kind of interference by
accused persons with ulterior motives starting meddling with
peaceful possession of rental premises of complainant and planted
every effort to dispossess her from there; that the complainant lady
who is known of her simplicity and sincerity in the vicinity of apple
town Sopore anticipated the possible threat of forcibly removing her
from the rental property and been lady of principles and law
abiding citizen approached the Hon’ble Court of Munsiff/District
Mobile Magistrate, Sopore, with Civil Suit against the accused
persons for protection and redressal of grievances; that the Hon’ble
Court of Munsiff/District Mobile Magistrate, Sopore was pleased to
pass an temporary injunction order dated 12.02.2021, whereby, the
accused persons were temporarily restrained from dispossessing the
plaintiff from the suit property and causing any kind of interference
in the peaceful use occupation and enjoyment thereof. Pertinent to
mention here that the said Civil Litigation is sub-judice before the
same Court of Hon’ble Munsiff, Sopore and interim order stands
extended by same Hon’ble Court on the dates listed for hearings and
is still intact/operating; that the accused persons on few days back
on 02.07.2022, sensing that the Hon’ble Court of Munsiff, Sopore,
having Additional charge of Munsiff Court of Dangiwacha, and no
effective orders can be passed forcefully broke open the locks of the
rental property which is actually suit property in a pending Civil
Litigation between the complainant and accused persons, trespassed
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/entered into the property without any intimation or permission and
damaged the processors (CPU’s), Computer Systems, Digital
Lockers, Electricity supply and spoiled the record room in which
important/crucial records were maintained of students and hence
put students future and career on stake afterwards of such
destruction accused persons, again locked the suit property in
complete violation of the injunction order passed by Munsiff Court.
Sopore; that the accused persons were told by the complainant lady
that there is the operational order of restraint passed by Hon’ble
Munsiff Court of Sopore, but the accused persons high handedness
and typical patriarchal mindset, having no regard to the injunction
order, abused threatened and pushed the applicant/plaintiff who
being helpless lady, eyeing to take advantage of her sex for their
material interests at the cost of her defenselessness not only
threatened her of dire consequences but went to the extent of tearing
up her clothes and assaulted by dragging her down until turned to a
state were from she could not afford the resistance for protecting her
tenancy rights and property therein in the premises even after this ill
treatment and sexual harassment and trying to outrage the modesty
of the complainant by accused persons did not stop but continued
using rough, humiliating and sexually coloured remarks; that the
complainant moved a written complaint for such handedness and
brutality against the accused persons before the SHO Sopore
believing that she will receive equal and fair treatment regardless of
gender and economic status but her desperate hopes were smashed
out through biased policing practice by not taking any action
against the accused persons which lead the life of complainant to
huge sufferings and criminal activity of accused persons remain
unquestioned who are still roaming and even now carrying away
much courage to continue harassing the complainant and harm the
property by taking law in their hands. The said acts trespass of the
accused persons was with the intention to commit assault and
wrongful restraint; that the accused persons have intentionally and
with well-planned strategy put the helpless and desperate women to
undergo mental agony, humiliation, injury and sexual harassment
which also have cause due financial losses and losing his goodwill
in the business fraternity so she is operating from the property which
is under the radar of accused persons and assaulted and wrongfully
restrained the complainant from entering into the computer
institute; that the present scenario prima facie shows that
involvement of accused persons who are imminent that to the
complainant in person and her rental property who presently being
under illegal custody,therefore, this is a case in which the proper
police investigation is required since police have neither taken up
the pleas of complainant or registered the FIR in this matter because
of the reasons best known to them. The application is supported by
an affidavit duly sworn.
As per the application, the applicant/complainant has already
approached the SHO P/s Sopore, but no action has been taken on
the said application till date. It is a laid down principle that where a
cognizance offence is made out, the SHO P/s concerned is under
obligation to register the FIR and set the investigation into motion.
Since the grievance of the applicant is that despite approaching the
police concerned, no action has been taken by the SHO P/S
concerned. As. such, let a copy of the application as well as copy of
this order be forwarded to SHO P/S concerned who may treat it as3
CRM(M) No. 40/2023
an application directly from the applicant and proceed in the matter
legally. Instant application is disposed of.”
5. CJM by order impugned has directed SHO Police Station concerned to
treat respondent no.2’s application as if it has been directly made by
latter to former and proceed in the matter legally. Therefore, there is no
illegality in the order impugned passed by CJM and the same is,
accordingly, upheld.
6. For the foregoing reasons, the instant petition is without any merit and
is, accordingly, dismissed.
(VINOD CHATTERJI KOUL)
JUDGE
SRINAGAR
07.02.2025
Manzoor
Manzoor Ul Hassan Dar
I attest to the accuracy and
authenticity of this document 4
Srinagar
19.02.2025 12:54 CRM(M) No. 40/2023