1 CRM(M) No. 40/2023 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 O R D E R 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 2 CRM(M) No. 40/2023 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 3 CRM(M) No. 40/2023 /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 as 4 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 Srinagar 19.02.2025 12:54