IMTIAZ AHMED v. UT OF J AND K TH COMMISSIONER SECRETARY TO GOVERNMENT HOME DEPARTMENT JAMMU AND OTHERS
WP(C)/1960/2025 · 2025-07-23
Moksha Khajuria Kazmi
Writ Petition (Civil)body2025
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Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
WP(C) 1960/2025 CM 4411/2025
Imtiaz Ahmed .....Applicant(s)/Petitioner(s)
Through :- Mr. Waseem Akram Advocate
v/s UT of J&K and Ors. .....Respondent(s)
Through :-
CORAM: HON’BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE
ORDER 23.07.2025
By this petition, petitioner-herein has sought jurisdiction under Article 226 of the Constitution of India, seeking direction upon respondent No. 3 to refrain from harassing, threatening and torturing the petitioner at the behest of the respondent Nos. 4 and 5. It is alleged that respondent No.4 had earlier lodged a false and frivolous complaint against the petitioner in Police Station, Poonch, on the basis of which FIR No.0166/2020 under Section 382 IPC was registered. Investigation in the FIR was carried out and offence alleged was found “not admitted”. Accordingly, closure report was laid before the competent Court of law. The closure report stands accepted by the Sub Judge, Special Mobile Magistrate, Poonch vide order dated 24.04.2025, copy whereof has been placed on record as Annexure-III. The grievance of the petitioner is that despite closure of the FIR registered against him, the petitioner and his family members are being harassed by the police by misusing official position at the behest of respondent Nos.4 and 5.
Sr. No. 111
2
WP(C) 1960/2025 CM 4411/2025
Perusal of order dated 24.04.2025 reveals that the FIR registered against the petitioner stood closed as not proved. When the petitioner is not accused of any offence, he cannot be called by the police unnecessarily. In view of the above innocuous prayer of the petitioner, no fruitful purpose shall be served by keeping the writ petition pending, as such, this writ petition is disposed of with a direction to the official respondents not to call the petitioners unnecessarily, that too without following the procedure prescribed by law.
(MOKSHA KHAJURIA KAZMI) JUDGE
JAMMU 23.07.2025 AKHILESH