1 CRM(M) No. 137/2020 S. No. 14 Regular Cause List IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CRM(M) No. 137/2020 Crime Branch Kashmir through SSP Srinagar …Appellant/Petitioner(s) Through: Mr. Mohsin Qadri, Sr. AAG with Ms. Maha Majeed, Assisting Counsel Vs. Mohammad Akber Mir and Ors. ...Respondent(s) Through: CORAM: HON’BLE MR JUSTICE VINOD CHATTERJI KOUL, JUDGE O R D E R 21.02.2025 1. Quashing of Order dated 07.02.2020 passed by Chief Judicial Magistrate, Pulwama (for short “CJM’), directing the petitioner-Crime Branch Kashmir, to register FIR against the accused and investigate the matter, is sought on the ground that the allegations do not constitute a cognizable offence but is a civil dispute. 2. Briefly stated facts of the case are that respondent No.1/complainant had made a complaint before the CJM, seeking a direction upon petitioner for registration of FIR in the matter, wherein it is alleged that respondent No.2 had obtained a licence from HPCL for running a retail unit/Petrol Pump at Newa Pulwama, under the name and Style of M/s Syed Fakhur-ud-Din Filling Station. The complainant had entered into partnership with respondents 3&4 in the year 2010. Respondent no.2 and his other partners sold out the said Petrol Pump to complainant through a Power of Attorney duly registered by Sub Registrar, Jammu. The complainant made all the payments to respondent No.2 and his other partners, but till date no documents have been given to him as 2 CRM(M) No. 137/2020 promised. Respondent No. 2 in association with respondents 3&4 harassed complainant even on his complaint, no case was registered against them by SHO Pulwama, as they being highly influential people. 3. Investigating Agency, in compliance to CJM’s Order, was to investigate the matter and record finding. However, Investigating Agency instead of registering FIR against accused has filed instant petition showing that as if it is agency, against whom direction for registering the FIR was issued. 4. Mr. Mohsin Qadri, learned Sr. AAG, has fairly conceded that the Investigating Agency is neither the accused nor is there any allegation against it, therefore, the Investigating Agency should have to comply with the order of CJM and proceed with the investigation. 5. In the above backdrop, I do not find any illegality in the order of CJM, as such, the same is upheld. 6. For the foregoing reasons, instant petition, sans any merit, is, accordingly, dismissed. The CJM shall proceed with the matter strictly in accordance with law. (VINOD CHATTERJI KOUL) JUDGE SRINAGAR 21.02.2025 Manzoor Manzoor Ul Hassan Dar I attest to the accuracy and authenticity of this document Srinagar 06.03.2025 16:34