Mohd Yousuf Khan v. Union Territory of J and K (Home) and Others

Serial No. 208 Suppl. Cause List

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP (C) No. 1172/2026 CM No. 3074/2026

Mohd Yousuf Khan (53 years) S/O Bullah Khan R/O Chanpora Chaklipora Shangas, Anantnag. ...Appellant(s)/Petitioner(s)

Through: - Mr. P. S. Ahmad, Advocate. V/s

¶1Union Territory of J&K through Commissioner/Secretary, Home Department, Civil Secretariat, Srinagar/Jammu.

¶2Senior Superintendent of Police, Anantnag.

¶3Station House Officer, Police Station Utertsoo Shangas, Anantnag.

¶4Jabeena Akhter D/O Mohd Yousuf Khan R/O Shanpora Chaklipora Shangas, Anantnag.

¶5Reyaz Ahmad S/O Mohd Yousuf Gojar R/O Turk Mohallah Chaklipora Shangas, Anantnag.

¶6Rafiq Khan S/O Shafi Khan R/O Chaklipora, Shangas, Anantnag.

¶7Talib Khan, S/O Shafi Khan R/O Chaklipora, Shangas Anantnag.

¶8Basharat Khan, S/O Farooq Khan R/O Chaklipora, Shangas, Anantnag.

¶9Rajawat Ujwala, D/O Yousuf R/O Brari Aangan, Shangas, Anantnag.

¶10Farooq Khan, S/O Gh Khan R/O Chaklipora, Shangas, Anantnag. … Respondent(s) Through:- CORAM:

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

(ORDER)

20.05.2026

¶1Petitioner, through the medium of this petition, seeks issuance of an appropriate writ/ direction commanding the official respondents to conduct investigation into the complaint of the petitioner relating to the alleged

offences of bigamy, false declaration, criminal conspiracy and other related offences, without being influenced or prejudiced by the Observations/ Order dated 6th of April, 2026 passed by this Court in Protection Matter bearing WP(C) No. 663/2026.

¶2Learned counsel for the petitioner submits that the petitioner's daughter namely, Ms. Jabeena Akhter, was married to one Sabir Ahmad Chad on 9th of January, 2026, however, she was lured and abducted by one Riyaz Ahmad Khan-Private respondent No. 5 herein and that both of them filed a joint Writ Petition being WP(C) No. 663/2026 before this Court in which they have filed completely false and misleading affidavits claiming to be unmarried persons, while in fact, respondent Riyaz Ahmad Khan was already married with four children and Jabeena Akhter daughter of the petitioner, herself, was married on 9th of January, 2026 with the aforesaid Sabir Ahmad Chad, the status of which was concealed.

¶3It is further contended that Sabir Ahmad Chad son-in-law of the petitioner, had approached local Police Station in the month of April 2026, with an application for registration of an FIR for the investigation of commission of offences by the concerned person. However, the Police declined to register the case for investigation on the plea that this Court, vide order dated 6th of April, 2026 passed in WP(C) No. 663/2026, had granted protection from arrest to petitioners, therein, thereby paralyzing any criminal investigation.

¶4Heard.

¶5In view of the facts and circumstances of the case and submissions urged at the Bar, the petition is disposed of at this motion stage, with a

direction to the concerned Police Station to examine the matter and in the event that the disclosure of facts reveals the commission of cognizable offence(s) a case be registered for investigation in accordance with law and it is clarified that the observations made by this Court in WP(C) No. 663/2026 vide order dated 6th of April. 2026, shall not prevent, prejudice or influence the official respondents from conducting a fair, independent and thorough investigation against the offenders, into the specific allegations, raised by the petitioner.

¶6The petition stands disposed of along with pending application(s).

(M. A. CHOWDHARY)

JUDGE SRINAGAR May 20th, 2026 "Shoaib javid"