SAYAR AHMAD MIR v. UNION TERRITORY OF J AND K AND ORS. (HOME)
WP(C)/2033/2025 · 2025-08-30
Mohd Yousuf Wani
Writ Petition (Civil)body2025
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Judgment text
Extracted from the PDF above. The PDF is authoritative.
Serial No.74 Suppl. Cause List
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) No. 2033/2025 CM NO. 5366/2025
SAYAR AHMAD MIR
…Petitioner/Appellant(s) Through: Mr. Saleem Gul, Advocate. Vs.
UNION TERRITORY OF J & K & ORS.
...Respondent(s)
Through:
CORAM:
HON’BLE MR. JUSTICE MOHD YOUSUF WANI, JUDGE.
ORDER 30.08.2025
1. Heard.
2. The case of the petitioner in nutshell is that he has filed a civil suit for rendition of accounts and permanent prohibitory injunction against the private respondent No. 4, who happens to be his father, pending before the learned Principal District Judge, Shopian. That the pending civil suit between him and respondent No. 4 arises out of a partnership dispute between them. That, during the pendency of the said civil suit, the private respondent No. 4/defendant, in connivance with the official respondents, has been harassing, intimidating, and pressurizing him with the sole motive of frustrating the civil proceedings. That, the dispute being purely of a civil nature, interference of the official respondents is uncalled for,
being an abuse of process of law and violative of his constitutional guarantees under Articles 14 and 21 of the Constitution of India.
3. The petitioner has accordingly sought for issuance of writs/directions in the nature of mandamus for commanding the official respondents to refrain from causing any harassment, pressure, or intimidation to him in respect of the subject matter of the dispute, and also for directing them to act strictly in accordance with the law.
4. Having regard to the facts and circumstances of the case, as pleaded in this petition, this Court is of the opinion that the matter can be disposed of even at this threshold stage by passing of appropriate directions which are not likely to prejudice the interests of any of the parties.
5. Accordingly, the instant petition is disposed of with a direction to respondents 1 to 3 that they shall, having regard to the pendency of the civil suit between the petitioner and respondent No. 4, before the court of learned Principal District Judge, Shopian, act strictly in accordance with law in case of filing of any complaint by respondent No. 4, Abdul Ahad Mir, seeking initiation of criminal proceedings directly or indirectly related to the dispute pending before the learned District Judge, Shopian. For the sake of clarification, it is felt needful to mention that none of the parties to the civil dispute are permitted under law to do any act or omission amounting to any offence under any penal law, and in the event, any such omission or commission amounting to an offence independent of
the civil dispute occurs, the action under criminal law is to be taken.
6.
Disposed of.
(MOHD YOUSUF WANI)
JUDGE
SRINAGAR: 30.08.2025 <Hilal=