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2025 DAILYLAW 13868 (JK)

RAJINDER PARSHAD SHARMA AND ANR. v. STATE TH.S.S.P.CRIME BRANCH,JAMMU

CRMC/401/2015 · 2025-12-20

Rahul Bharti

body2025

Judgment text

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU OWP No. 1272/2015 IA No. 01/2015 IA No. 02/2015 c/w CRMC No. 401/2015 IA No. 01/2015 Manzoor Ahmed Zargar …..Petitioner(s) Through: Mr. N. D. Qazi, Advocate in OWP No. 1272/2015 Mr. Ravi Abrol, Advocate in CRMC No. 401/2015. Vs State of J&K & Ors. .….Respondent(s) Through: Mrs. Monika Kohli, Sr. AAG with Ms. Nazia Fazal, Advocate. CORAM: HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE ORDER (20.12.2025) OWP No. 1272/2015 01. This writ petition is disposed of with a direction that the petitioner shall be dealt only in accordance with law in connection with FIR No. 21/2014 registered by the Police Station, Crime Branch, Jammu. 02. Disposed of. 03. Disposal of the writ petition shall not prejudice the petitioner, in case any fresh cause of action accrues to the petitioner Serial No. 06 Supplementary List-I 2 OWP No. 1272/2015 c/w CRMC No. 401/2015 by any purported act of harassment from the end of the respondents relatable to FIR No. 21/2024 registered by the Police Station, Crime Branch, Police Station, Jammu. CRMC No. 401/2015 04. The institution of this petition by the writ petitioner No. 1 was through attorney holder, the petitioner No. 2. 05. The petitioner No. 1 is said to have expired. 06. The institution of the writ petition was for the purpose of invoking inherent powers of this Court under section 561-A of the J&K Code of Criminal Procedure (Cr.P.C), Svt. 1989 (1933AD) for seeking quashment of FIR No. 21/2014 dated 01.10.2014 mentioned in the cause title of the petition whereas in the prayer part mentioned as FIR No. 11/2014 dated 01.10.2014 registered by the Police Station, Crime Branch, Jammu. 07. The petitioner No. 2 is said to have acted as an attorney of the petitioner No. 1 on the basis of registered General Power of Attorney dated 01.02.2011. 08. Obviously, upon the demise of the principal i.e. the petitioner No. 1, the petitioner No. 2 lost the status of being an attorney and, therefore, at his individual level, the petitioner No. 2 may not have any cause to complain against FIR No. 21/2014. 09. Accordingly, the writ petition is held to be rendered infructuous upon death of the petitioner No. 1, as the petitioner No. 1 is no more available for suffering any investigation in connection with FIR No. 21/2014. 3 OWP No. 1272/2015 c/w CRMC No. 401/2015 10. In case, the petitioner No. 2 would have any cause of action in connection with the investigation of FIR No. 21/2014 in his capacity as attorney of the petitioner No. 1, then dismissal of the present petition shall not prejudice the petitioner No. 2 to resort to appropriate legal course of action as may come available to him including filing of the fresh petition invoking inherent powers of this Court. 11. Disposed of. 12. Interim direction given in the order dated 09.09.2015 shall stand vacated. 13. A copy of this order be forwarded to Senior Superintendent of Police (SSP), Crime Branch, Jammu for being taken on record by reference to FIR No. 21/2014. (RAHUL BHARTI) JUDGE JAMMU 20.12.2025 Shivalee