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HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT SRINAGAR

CRM(M) No. 18/2023

CrlM No. 1843/2025

Reserved on: 07.05.2026

Pronounced on: 13.05.2026

Uploaded on: 14.05.2026

Operative part or full Judgement: Full

Abdul Gani Mir, Aged 68 years

S/O Ghulam Mohammad Mir

R/O Urchirsoo, District Pulwama

…..Petitioner(s)

Through: Mr. Malik Mushtaq & Mr. Younis Ahad, Advocates

Vs.

1. UT of J&K through SHO,

Police Station, Pulwama

2. Tehsildar Pulwama

… .Respondent(s)

Through: Mr. Furqan Yaqub, GA & Mr. Zahid Qais Noor, GA

CORAM:

HON’BLE MR JUSTICE M. A. CHOWDHARY, JUDGE

JUDGEMENT

01. The petitioner has invoked the inherent jurisdiction of this Court

under Section 482 of the Code of Criminal Procedure (Cr.PC)

seeking the quashment of FIR No. 03 of 2023 dated 02.01.2023,

registered at Police Station, Pulwama, for the offences under

Sections 353 and 506 of the Indian Penal Code (IPC).

02. The factual matrix, as pleaded in the petition, is that the

impugned FIR was lodged following a complaint from

respondent no.2-Tehsildar, Pulwama, alleging that on

02.01.2023, the petitioner harassed and criminally intimidated

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one Reyaz Ahmad Deedad, Patwari Halqa Gangoo, while he was

discharging his official duties at village Urchirsoo.

03. It is averred in the petition that the petitioner had filed

applications for the preservation of Kahcharia (grazing) land and

the restoration of his ingress and egress; that the Divisional

Commissioner, Kashmir, had issued multiple directions for the

removal of encroachments; that due to the alleged failure of

Respondent No. 2 (Tehsildar) to discharge his duties, the

petitioner filed a complaint before the Divisional Commissioner,

Kashmir. Consequently, on 27.04.2022, Respondent No. 2 was

directed to explain his position within three days. The petitioner

further approached the personal section of the Advisor to the Lt.

Governor, which resulted in a direction dated 27.12.2022,

ordering the Deputy Commissioner, Pulwama, to retrieve state

land and seeking an explanation from Respondent No. 2 for

dereliction of duty. In this background, it is submitted that the

registration of case pursuant to lodging of complaint by the

complainant-Tehsildar against the petitioner can be stated to be

misuse of the legal process, due to his personal vendetta.

04. Aggrieved of the impugned FIR, the petitioner challenges the

same, primarily, on the grounds that the FIR is alleged to be an

abuse of the process of law, as the allegations in the complaint do

not disclose the commission of any cognizable offence; that the

complaint lacks material ingredients as it does not specify any act

of "assault" or "criminal force" and merely reproduces the

statutory language of the IPC sections in verbatim; that the FIR

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was lodged maliciously with an ulterior motive for wreaking

vengeance; that the Respondent No. 2, upon learning of the

Advisor’s order seeking his explanation, filed the complaint the

very next day to pressurize the petitioner; that the allegations are

characterized as general, sweeping, inherently improbable, and

unsubstantiated, designed solely to implicate the petitioner in a

baseless legal proceeding.

05. Conversely, the respondents, in their objections and status report,

contended that the petitioner is himself an encroacher on

Shamilat/Kahchari land (Survey No. 1093/818). They submit

that despite notices and the dismissal of his revision petition by

the Divisional Commissioner, Kashmir, and thereafter upholding

the order by the Joint Financial Commissioner, the petitioner

failed to remove the illegal encroachment. It is stated in the

objections that on 02.01.2023, while the Patwari was conducting

a lawful demarcation of common land, the petitioner allegedly

went "berserk," harassed the official, and threatened him with

dire consequences, if the demarcation is not stopped. The

incident was verified by field reports from the Lumberdar Deh,

the concerned Patwari, and the Naib Tehsildar, Pulwama.

Respondent No. 1 (Police) reported that the scene of the crime

was inspected, a site plan