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2026 DAILYLAW 1334 (JK)

DEEPAK KUMAR v. UT OF J AND K TH SENIOR SUPERINTENDENT OF POLICE JAMMU AND OTHERS

WP(C)/1508/2026 · 2026-05-22

Mohd Yousuf Wani

Writ Petition (Civil)body2026

Judgment text

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Serial No. 238 Suppl. Cause List IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU (Through Virtual Mode) WP(C) 1508/2026 Deepak Kumar …Petitioner(s)/Appellant(s). Through: Mr. Wani Manzoor, Advocate Vs. UT of J and K Th. Senior Superintendent of Police Jammu and Others ...Respondent(s). Through: CORAM: HON’BLE MR. JUSTICE MOHD YOUSUF WANI, JUDGE ORDER 22.05.2026 1. Heard the learned counsel for the petitioner in respect of the matter. 2. The case of the petitioner in nutshell is that two case FIR’s bearing Nos. 0022/2026 and 0033/2026 came to be registered at Police Station R S Pura, Jammu pursuant to the complaints of the petitioner and one-Sapna Devi respectively. That the subsequent case FIR No. 0033 of 2026 came to be registered by the Police Station concerned on the complaint of the accused namely Sapna Devi as a counterblast to the genuine complaint of the petitioner in respect of the occurrence. That the petitioner was prompted to approach this Court earlier through a petition bearing No. CRM(M) 240/2026 seeking the quashment of the subsequent counter FIR 0033/2026 in which this Court by way of an interim order was pleased to direct the concerned Police Station to await the filing of the final report/charge-sheet, if any, contemplated in the backdrop of the investigation with further direction that both the case FIR’s be investigated by a single Investigating Officer in a fair and transparent manner. That the Investigating Officer in the said case FIRs has been changed and a new Officer has been illegally threatening him by making him repeated calls and unnecessary harassment. 3. That petitioner has accordingly sought the issuance of following directions: a) Writs in the nature of mandamus for directing the respondents especially the respondent No. 2 & 3 that they shall not harass him unnecessarily in connection with the investigation in FIR No. 0033/2026 and that they shall strictly comply with the directions of this Court dated 12.03.2026 passed in CRM(M) No. 240/2026. b) Writ of Prohibition has also been sought for prohibiting the respondents from taking any coercive action against him during the pendency of this writ petition. 4. I have considered the submissions of the learned counsel for the petitioner. 5. In the facts and circumstances of the case, this Court is of the opinion that the matter can be disposed of even at this threshold stage by passing of such appropriate directions which are otherwise meant to be complied with by the respondents as their statutory and official obligations. 6. Accordingly, the instant petition is disposed of with the direction to the respondents that they shall not cause any undue harassment to the petitioner on the pretext of investigation in the case FIR No. 0033/2026. The respondents are further directed to strictly abide by the order dated 12.03.2026 already passed by this court in petition bearing No. CRM(M) No. 240/2026. 7. The petitioner is accordingly disposed of. (MOHD YOUSUF WANI) JUDGE SRINAGAR 22.05.2026 Shahid Manzoor