Fayaz Ahmad Khan and Anr v. Union Territory of J and K and Ors. (Home)

ORDER

04.06.2025

¶01The short grievance which has been projected by the petitioners in the instant petition is that, they are being unnecessarily harassed by the Crime Branch by calling them day in and day out in their office, that too without issuing any notice to the petitioners and without following due procedure under law, thereby causing undue harassment to the petitioners.

¶02Mr. Nisar Ahmad Bhat, learned counsel for the petitioners submits that there is a civil litigation going on between the petitioners and the respondent No. 6 and with a view to defeat the rights of the petitioners which are pending adjudication before the civil court, the respondent No. 6 has approached the Crime Branch and on the basis

of said complaint, the Crime Branch is harassing the petitioners, without any justifiable cause.

¶03It has also been urged by the learned counsel for the petitioners that the respondent No. 6 with a view to harass the petitioners, has approached the Crime Branch, which has no role in the matter, so as to apply pressure tactics and compel the petitioners to accede to the request of respondent No. 6.

¶04Lastly, Mr. Nisar Ahmad Bhat, learned counsel for the petitioners submits that the dispute between the parties is of civil nature and the issue is yet to be adjudicated by the competent court, as such, the Crime Branch in the instant case has no jurisdiction to compel the petitioners to accede to the demand of the respondent No. 6.

¶05After arguing for a while, Mr. Nisar Ahmad Bhat, learned counsel for the petitioners submits that he would feel satisfied in case the present writ petition is disposed of at this stage by directing the official respondents including the Crime Branch not to harass the petitioners unnecessarily and in case any inquiry is required to be conducted, same be done in accordance with law and by issuing appropriate notice to the petitioners in writing and not otherwise.

¶06On asking of the Court, Ms. Nadiya Abdullah, Assisting Counsel appearing vice Mr. Mohsin S. Qadri, Sr. AAG caused appearance on behalf of the respondents and

she is not averse to the disposal of the instant writ petition at this stage.

¶07With the consent of the learned counsel for the parties, the instant writ petition is taken up for disposal and the same is accordingly disposed of with the direction to the official respondents including the Crime Branch not to harass the petitioners unnecessarily and in case any inquiry is required to be conducted, same shall be done strictly in accordance with law and by issuing appropriate notice to the petitioners in writing and not otherwise.

¶08Writ petition disposed of along with connected CM in the manner indicated above.

(Wasim Sadiq Nargal)

Judge SRINAGAR:

04.06.2025 "HAMID"

Serial No.387 SUPPLEMENTARY CAUSE LIST-I HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 1302/2025 CM(3477/2025) Fayaz Ahmad Khan & Anr. …Petitioner(s) Through: Mr. Nisar Ahmad, Advocate. Vs. Union Territory of J&K and Ors. ...Respondent(s) Through: Ms. Nadiya Abdullah, Assisting Counsel vice Mr. Mohsin S. Qadri, Sr. AAG. CORAM: Hon'ble Mr. Justice Wasim Sadiq Nargal, Judge.