Authority: High Court of Jammu & Kashmir and Ladakh at Srinagar
Order Date: 24.07.2026
Case Overview
- Petitioners: Mohammad Saleem Malla & Ors., represented by Ms. Asma Rashid and Ms. Humaira Nabi.
- Respondents: UT of Jammu & Kashmir and Anr., represented by Mr. Ibrahim Mehraj (for R2).
- FIR No.129/2024 was lodged under Section 305 of the Bharatiya Nagarik Suraksha Sanhita (BNS) at Police Station Safakadal, Srinagar, alleging theft and illegal dispossession of a shop located at Noorbagh, Srinagar.
- The shop had been leased to the complainant (respondent No.2) approximately 24 years ago by petitioner No.2, who executed a proper rent deed. The complainant operated the business under the name "M/S Taj Enterprises" and paid electricity and other taxes.
- In January 2024, petitioner No.1 allegedly damaged the steel roof of the shop. A compromise was reached on 12.01.2024, wherein petitioner No.1 promised to restore the roof, but subsequent alleged illegal activities continued, including breaking the shop lock, stealing items worth lakhs of rupees, and damaging inner walls.
- Petitioners contend the property is dilapidated and that they obtained permission for reconstruction of the commercial complex on 16.02.2022.
- Respondent No.2 filed a civil suit for a permanent prohibitory injunction before the 1st Civil Subordinate Judge (Municipal Magistrate), Srinagar. An interim order was initially granted to the complainant but later dismissed on 27.04.2024 (order dated 27.04.2023 is also referenced).
- Respondent No.2 approached the Judicial Magistrate 1st Class (2nd Additional Munsiff), Srinagar, for FIR registration; the magistrate ordered registration on 29.06.2024.
- The petitioners challenged the FIR through a criminal revision petition before the 1st Additional Sessions Judge, Srinagar, which was dismissed as non‑maintainable on 10.10.2024. A further petition (CRM(M) No.630/2024) remains pending before this Court.
- The police report submitted to the magistrate stated that no evidence of theft was found on the spot.
- Petitioners argue the FIR is an attempt to convert a purely civil dispute into a criminal matter.
Legal Reasoning
- The Court notes that under the Bharatiya Nagarik Suraksha Sanhita 2023, Section 173(3) empowers investigating agencies to conduct a preliminary inquiry to determine the existence of a prima facie case for cognizable offences punishable for more than three years but less than seven years.
- Police, after receiving the complaint, exercised this discretion and concluded that the theft allegations were baseless.
- The Court observes that the civil court, in its detailed order dated 27.04.2023, found petitioner No.1 to be the owner of the property with valid reconstruction permission and dismissed the plaintiff’s claim for interim relief, directing only that petitioner No.1 file an undertaking to hand over possession of one ground‑floor shop once completed.
- Citing Supreme Court judgments (Mohammed Ibrahim & Others v. State of Bihar, 2009 and Randheer Singh v. State of UP, 2021), the Court emphasizes that criminal proceedings should not be used as a tool to settle civil disputes or to harass parties.
- The Court invokes its inherent powers under Section 482 of the Criminal Procedure Code to prevent abuse of the judicial process.
Final Outcome
- The petition is allowed.
- FIR No.129/2024 under Section 305 BNS, registered at Police Station Safakadal, Srinagar, and all proceedings arising therefrom are quashed.
Topics: Court Proceedings, Civil‑Criminal Law Interaction