A writ petition seeking to monitor or expedite criminal investigations becomes infructuous once the investigating agency has completed the probe and filed the final reports (challans) before the competent trial court.

ORDER

20.12.2025

Oral:

01. The petitioner, through the medium of instant petition, has sought the following reliefs:-

“i. That the official respondents be directed to report to this Hon’ble court the action and the stage of investigation made by them in FIR No. 68/2013 dated 13.10.2013 FIR No. 60/2014 dated 16.07.2014 and FIR No. 83/2014. The Hon’ble court may also monitor the investigation being conducted in these FIRs.

ii. That respondent no. 3 be directed to remove all encroachments from 14 Kanals and 06 Marlas of land comprised in Survey No. 687 situate at Allochi BaghMoza Nursing Garh, Srinagar and to keep the property in its custody.

iii. That the official respondents be directed to ensure that interference is caused in the ownership and possession of the petitioner Sabha and in the construction of the boundary wall by the petitioner Sabha and or in carrying out such other constructions/demolitions of the structures exiting in the land as per the petitioner Sabha may deem fit.

iv. That the official respondents be further directed to ensure that no person is allowed to trespass into the property except when authorized to do so by the petitioner Sabha, and if any person interferes in the possession and ownership of the property, the official respondents be directed to take action against such person immediately and cause his arrest as may be warranted under law.”

02. The petitioner, who claims to be “Sanatan Dharam Pratap Sabha” has come forward with the institution of instant petition which is registered as OWP No. 1480/2015. The petitioner-Sabha also claims to be owner in possession of immovable properties amongst other places at Srinagar vis-à-vis the land measuring 14 Kanals 06 Marlas comprised in Khasra No. 687 situated at Alochi Bagh Moza Nursing Garh abutting main Solina I.G. Airport Road.

03. It is pleaded by the petitioner in the writ petition that respondent no. 5 filed a civil suit for specific performance and permanent/mandatory injunction before the court of learned Additional District Judge, Srinagar and the said suit was accompanied with interim application seeking temporary injunction. The learned trial court, vide Order dated 28th March, 2014, dismissed the application for temporary injunction and vacated the interim order by observing that the act of respondent no. 5 is misleading and deplorable.

04. Feeling aggrieved of the aforesaid order, the respondent no. 5 has preferred a Miscellaneous Appeal before this Court being CIMA No. 54/2014, which too has suffered dismissal vide Order dated 5th May, 2014. In addition, the respondent no. 5 again filed a civil suit before the learned District Judge, Srinagar on 31st July, 2009, which suit was, accordingly, transferred to the court of 3rd Additional Munsiff, Srinagar, in which the respondent 5 claimed relief for permanent injunction against the petitioner-Sabha over 03 Kanals 10 Marlas of land comprised in Survey No. 687 situated at Alochi Bagh Moza Nursing Garh, Srinagar. The said suit, however, was dismissed for non-prosecution on 1st December, 2012.

05. The filing of proceedings repeatedly by the respondent no. 5 did not come to end, he has filed one more suit before the court of District Judge, Srinagar, in which, he claimed deficiency of 06 Kanals and 09 Marlas of land, which suit was also dismissed for non-prosecution on 14th February, 2012. The matter did not end over here, the respondent no. 5, yet gain filed another suit on 24th July, 2013 before