AMEENA BEGUM AND ANOTHER v. UNION TERRITORY OF J AND K AND OTHERS (HOME / POLICE)
WP(C)/137/2026 · 2026-01-31
Mohd Yousuf Wani
Writ Petition (Civil)body2026
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[ 2026 DAILYLAW 234 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 234 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Serial No.23 Supp. Cause List
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 137/2026 CM 282/2026 AMEENA BEGUM & ANR …Petitioner(s)/Appellant(s).
Through: Mr. Sheikh Mushtaq, Advocate Vs.
UT OF JK & ORS ...Respondent(s). Through:
CORAM: HON’BLE MR. JUSTICE MOHD YOUSUF WANI, JUDGE
ORDER 31.01.2026
1. Heard. 2. The case of the petitioners in nutshell is that they are aggrieved of alleged unfair and biased investigation conducted by the Investigating Officer (respondent No. 17) in FIR No. 335/2025 of Police Station, Kupwara, as the IO concerned has deliberately omitted to frame the heinous offices committed by the accused persons, while exonerating most of the male accused persons in the case. 3. The learned counsel during his arguments invited the attention of the Court towards some documents including the queries of the Supervisory Officers, supporting his contention that the investigation in the case has been conducted in a grossly unfair manner. 4. The final report/chargesheet in the said FIR is reported to have been filed before the court of the learned Judicial Magistrate, Kupwara, only against three female accused under some minor offences, while omitting the framing of other heinous offences committed by the accused with the exoneration of most of them in the case. 5. It is submitted by the learned counsel that our Country has adopted such a criminal justice system which guarantees fair investigation and trial to both the complainant as well as the accused. He further submitted that the right to fair investigation is an established constitutional fundamental right of a complainant/ victim. 6. In the light of the perusal of the copies of documents annexed with the petition, the contention of the learned counsel for the petitioners appears to have substance. 7. In the facts and circumstances of the case, and having regard to the grievance of the petitioners being supported by the communication bearing No. Hqrs/Crime/025/8832 dated 28.12.2025 of the Deputy Superintendent of Police Station (Hqr.s) Kupwara, addressed to the Station House Officer, Police Station, Kupwara, and forming Annexure-I to the petition, this Court is of the opinion that matter can be disposed of even at this threshold stage by passing of appropriate directions in accordance with the law, which are not likely to prejudice the rights and interests of any of the parties. 8. Accordingly, the instant petition is disposed of with the direction to the Station House Officer, Kupwara, to pass appropriate orders regarding further investigation in the case FIR No. 335/2025 of his Police Station.
The further investigation, as directed, shall be completed within a period of eight weeks from the date a copy of this order is delivered in the office of the concerned SHO, whereafter the needful, in accordance with the law, shall be done pursuant to the outcome of the further investigation. 9. Let a copy of this order be forwarded to the SHO Police Station, Kupwara for compliance. 10. Disposed of. (MOHD YOUSUF WANI)
JUDGE SRINAGAR 31.01.2026 ARIF