Razia and Ors v. Union Territory Through Police Station Scw Crime Branch Kashmir

ORDER

09.09.2026

¶1The petitioners are aggrieved of the order dated 25.11.2025 passed by the learned Trial Court, whereby their application seeking release of certain articles/documents seized by the Crime Branch in connection with FIR No. 09/2023, registered for offences under Sections 420, 467, 468 and 471 RPC, has been partly allowed. While some of the seized articles/documents have been directed to be released, release of the remaining articles/documents has been declined.

¶2The case of the petitioners is that the Investigating Agency, during the course of investigation, conducted a search of the residential premises of accused Showkat Ahmad Mir, husband of petitioner No. 1 and father of petitioner Nos. 2 and 3, and seized as many as 52 articles/documents. The accusation against the said accused is that he

had secured appointment in the Police Department as Assistant Sub-Inspector in the year 1993 on the strength of fake and forged documents and had, consequently, derived monetary benefits from such appointment.

¶3The grievance projected by the petitioners is that a substantial number of the seized articles/documents, including passbooks, PLI passbooks, cash certificates, bank-locker receipts and receipts pertaining to purchase of jewellery, either belong to the petitioners or have no nexus whatsoever with the allegations forming the subject matter of the FIR. It is, accordingly, contended that continued retention of such articles/documents serves no legitimate purpose of investigation and causes unnecessary prejudice to the petitioners.

¶4Learned counsel appearing for the prosecution, on the other hand, supported the order passed by the learned Trial Court on the ground that the investigation is still in progress and the charge-sheet is yet to be laid before the competent Court. It was, thus, contended that the articles/documents retained by the Investigating Agency may be required for the purposes of investigation and trial.

¶5Heard learned counsel for the parties and perused the Case Diary.

¶6During the course of hearing, Mr. Abdul Razak, Sub-Inspector, SCW Crime Branch, Srinagar, appearing in person, fairly submitted that the gravamen of the accusation against the accused is that he had secured public employment on the strength of fake and forged documents. He further identified the documents connected with the educational qualifications, appointment and service record of the accused as being material for investigation into the alleged offences.

¶7For convenience of the disposal of the present petition, following documents are listed below: - S. No. Description of documents/articles/records seized Description of place where Remarks

¶1Passbook of Shahzareen Showkat bearing A/C No. 0367040100007501 1st Floor of the house original

¶2Passbook of Deeba bearing A/C No. 0367040100007502 original

¶3PLI Passbook bearing A/C No. 6009427644 original

¶4PLI Passbook bearing A/C No. 6009427644 original

¶5PLI Passbook bearing A/C No. 010097966762 original

¶6J&K Bank pass book of Razia bearing No. 0367040100004928 original

¶7PLI Passbook bearing A/C No. 020058848310 original

¶8PLI Passbook bearing A/C No. 1043788 original

¶9Cheque book of Razia Mir bearing A/C No. 6009427644 original

¶10PLI Passbook bearing A/C No. 020165551830 original

¶11PLI Passbook bearing A/C No. 020165551125 original

¶12PLI Passbook bearing A/C No. 020159646554 original

¶13PLI Passbook bearing A/C No. 020159647226 original

¶14Cash certificate of Razia bearing No. 291498 original

¶15Cash certificate of Razia bearing No. 291090 original

¶16Cash certificate of Razia bearing No. 291078 original

¶17Cash certificate of Razia bearing No. 291077 original

¶18Cash certificate of Razia bearing No. 291026 original

¶19Cash certificate of Razia bearing No. 290918 original

¶20Property return statement for the year 2023 of Razia vide form No. 93010 01 Xerox

¶21Property return statement for the year 2022 of Razia vide form No. 537686 01 Xerox

¶22Bank locker receipt record vide No. 000058 01 Xerox

¶23Receipt vide No. 1310 dated

02.07.2020 original

¶24Receipt bearing No. 555 dated

07.07.2015 original

¶25Receipt of Mizan Jewelers without No. and date (14 in No.) 14 No. in original

¶26Receipt of Nichal Jewelers bearing No.'s 735, 734, 81, 49, 47, 46, 478, 45 & 48 (09 in No.) 09 No. in original

¶27Receipt of Royal Jewelers bearing No.'s nil dated 21.06.2012,

21.06.2012,27.01.2012 &05.08.2011 04 No. in original

¶28Receipt of G.N Jewelers bearing No.'s 331, 330, 336 & 332 04 No. in original

¶29Receipt of Pratab Singh Jasbeer Jewelers dated 04.02.2013 01 page original

¶30Receipt of S. Tara Singh-Sukh Chain Singh 03 page original

¶31Receipt of Sethi ornaments 01 page original

¶32Receipt of Mezan Jewelers amount Rs. 5200/- 01 page original

¶33Receipt of Sabdar Jewelers dated

24.06.2011 01 page original

¶34Bank Receipt of A/C No. 790010110001199 01 page original

¶35Bank Receipt dated 08.04.2024 of Shah Zareen A/C 7501 01 page original

¶36Xerox Adhaar Card No. 633554455007 of Razia 01 Xerox

¶37Xerox Pan Card No. ARWPR8957Q of Razia 01 Xerox

¶38Xerox Adhar Card No. 495289864388 of Showkat Mir 01 Xerox

¶39Xerox Passport No. R4522247 of Showkat Mir 01 Xerox

¶40Xerox Pan No. DACPM8837C of Showkat Ahmad 01 Xerox

¶41Xerox Pan No. OKKPS6156K of Deeba Showkat 01 Xerox

¶42Xerox Aadhar Card No. 488886031751 01 Xerox

¶43BA qualification Certificate bearing reg. No. 17478-PR-84 dated

30.09.1988 of Showkat Ahmad Mir original 01 page original

¶44Matriculation certificate S.No. 4214 vide Roll No. 20597 of Showkat Ahmad Mir in original 01 page original

¶45Xerox Higher Secondary examination Part 2 certificate vide Roll No. 6755 of Showkat Ahmad Mir 01 page Xerox

¶46Character certificate bearing No. 818 issued by GHS Batamaloo of Showkat Ahmad Mir in original 01 page original

¶47Appointment order No. 167 C of 1993 issued vide endstt. No. Estt/M-93/II/ADO dated 31.03.1993 issued by DGP J&K camp office Srinagar endorsed by administrative officer (in original) 01 page original

¶48Advertisement Notice of J&K Police Hqrs Camp Srinagar in r/o post of (typed 02 pages)

sub insepector stenography having GB initials dated 23.01.1992 purportedly issued by G.N Saksana DGP J&K (typed 02 pages)

¶49Call letter for short & type writing test issued vide No. Estt/APPT-dated

03.08.1989 issued by Administrative officer J&K Police Hqrs Sgr. (01 page typed) (01 page typed)

¶50Circular No. 42-GAD of 2014 dated

04.10.2014 issued vide no. GAD(Adm) 203-2014-1 dated

04.10.2014 05 xerox

¶51Certificate issued vide No. Estt/MEC-07/2015/18769 dated

02.05.2015 by DPO Srinagar 01 xerox

¶52Shadow Service book bound of Showkat Ahmad Mir S/O Gh. Mohammad Mir R/O Nursing Grah Karanagar Srinagar comprising of

(46) Lvs. Shadow Service book bound

(46) Lvs

¶8Significantly, the Investigating Officer also fairly conceded that, as on date, the investigation has not yielded any material suggesting that the accused had amassed assets disproportionate to his known sources of income. The investigation, therefore, essentially pertains to the allegation that the accused secured employment on the basis of fake

and forged documents and thereafter received salary and other emoluments consequent upon such appointment.

¶9Once the scope of investigation is viewed in the aforesaid backdrop, there appears to be no justifiable reason for continued retention of articles/documents having no nexus with the alleged fraudulent appointment. The account statements, PLI passbooks, cash certificates, property returns, bank-locker receipts, receipts pertaining to purchase of jewellery and other personal documents of the petitioners cannot, merely because they were recovered during the course of search, be retained indefinitely when their relevance to the offence under investigation is neither demonstrated nor otherwise discernible from the record.

¶10It is also pertinent to notice that the petitioners are immediate family members of the accused and there is no allegation in the FIR that they were privy to, or in any manner participated in, the preparation or use of the allegedly forged documents. Their personal financial and other records, therefore, cannot be retained merely on account of their relationship with the accused, particularly when the prosecution itself is unable to demonstrate any nexus between such documents and the offences under investigation.

¶11Sections 451 and 457 Cr.P.C. vest the competent Court with jurisdiction to pass appropriate orders regarding custody and disposal of property during the pendency of investigation or trial. Such discretion is required to be exercised judiciously, keeping in view, inter alia, the nature of the property, its relevance to the investigation or trial, and the necessity of its continued retention.

¶12In the present case, the learned Trial Court appears to have declined release of a substantial part of the seized material without adequately examining whether each such article/document had any bearing upon the allegations forming the subject matter of the FIR. Mere pendency of investigation, by itself, cannot constitute sufficient justification for continued retention of documents which have no discernible nexus with the offence under investigation.

¶13The prosecution case is not one relating to acquisition or possession of assets disproportionate to the known sources of income of the accused. Consequently, the continued retention of cash certificates, PLI passbooks, bank-locker receipts, jewellery-purchase receipts and other similar documents cannot be said to advance the investigation into the allegation that the accused had secured public employment on the strength of fake or forged documents.

¶14At the same time, the documents figuring at Serial Nos. 43 to 52 of the seizure list pertain to the educational qualifications, appointment and service record of the accused and have a direct bearing upon the allegations under investigation. Their continued retention by the Investigating Agency, at this stage, is therefore justified.

¶15For the foregoing reasons, the petition merits acceptance and is, accordingly, allowed. The order dated 25.11.2025 passed by the learned Trial Court is modified to the extent that, in addition to the articles/documents already directed to be released, all the seized articles/documents out of the 52 items, except those figuring at Serial Nos. 43 to 52, shall stand released on superdari in favour of petitioner No. 1, subject to her furnishing an undertaking before the

learned Trial Court that the said articles/documents shall be preserved in their present form and shall be produced before the Investigating Agency or the Court, as and when required during the course of investigation or trial.

¶16The articles/documents figuring at Serial Nos. 43 to 52 shall, however, continue to remain in the custody of the Investigating Agency, subject to further orders of the competent Court.

¶17The Case Diary, after perusal, be returned to the Investigating Officer.

(SANJAY PARIHAR)

JUDGE

SRINAGAR:

09.09.2026 Akhil Dev

Whether the order is speaking? Yes Whether the order is reportable? Yes

S. No. 8 Regular HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CRM(M) No. 791/2025 CrlM No. (2013/2025) Razia And Ors. …Petitioner/Appellant(s) Through: Mr. Bhat Fayaz, Advocate with Ms. Nighat Amin, Advocate Vs. Union Territory of J&K through SHO Police Station SCW Crime Branch Srinagar ...Respondent(s) Through: Ms. Nowbahar Khan, Assisting Counsel CORAM: HON'BLE MR. JUSTICE SANJAY PARIHAR, JUDGE