S. No. 74

Supplementary-1

IN THE HIGH C0URT 0F JAMMU & KASHMIR AND LADAKH

AT SRINAGAR

WP(C) 775/2022

Fareeda Banoo & Anr.

…Petitioner(s)

Through: Mr Z. A. Qureshi, Sr. Advocate with Ms Rehana Fayaz, Adv.

Vs.

Union Territory of JK & Ors.

...Respondent(s)

Through: None.

CORAM:

HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE

ORDER

19.04.2022

In this petition, the petitioners essentially seek a direction to the

Director General of Police, to direct the SDPO Police Station, Nehru

Park Srinagar, to appoint a special investigation officer to investigate

the complaint of the petitioners stated to have been filed before the

SDPO Police Station Nehru Park, Srinagar. The grievance of the

petitioners is that there has been trespass on their property by one

Mohammad Kand, S/o Ali Mohammad Kand, R/o Kand Mohalla,

who has unauthorisedly entered the property of the petitioners, after

physically and verbally abusing their mother. The Petitioners claim to

have made a complaint before the SDPO Police Station Nehru Park,

Srinagar. It is the grievance of the petitioner that despite having

approached the concerned police station, no action has been taken.

Having heard Mr Z. A. Qureshi, learned senior counsel

appearing for the petitioner, I am of the view that a code of criminal

procedure takes care of the grievance projected by the petitioner in

this petition.

Needless to say, that if a complaint of facts constituting a

cognizable offence is made to the police station concerned, it is the

bounded duty of the Police to register an FIR and investigate the

matter. Should there be any reluctance on part of the police station

concerned to register an FIR, the remedy of the petitioner lies before

the District Superintendent of Police. If the District Superintendent of

Police also does not intervene in the matter, the person aggrieved is

well within its right to approach the Court under section 156 of CrPC.

The petitioner has not followed the procedure laid down in the code

of criminal procedure and has sought diligence of this Court, for

directing the respondents to virtually to register an FIR, and

investigate the matter.

I am afraid such petition is not maintainable. This petition is,

accordingly, dismissed, leaving it open to the petitioners to take

recourse of the provisions of code of civil procedure for redressal of

their grievance.

(SANJEEV KUMAR)

JUDGE

SRINAGAR

19.04.2022

Hilal Ahmad