Abdul Majeed Mir v. Union Territory of J and K and Ors (Home Department)

ORDER

19.12.2025

¶1This is a petition filed by the petitioner under Article 226 of the Constitution of India seeking the following reliefs:

(i) A writ of mandamus commanding upon the respondents not to harass the petitioner unnecessarily and without any authority under law.

(ii) A writ of mandamus commanding upon the respondents to close the complaint/proceedings initiated against the petitioner for which the matter is already pending disposal before this Hon'ble Court.

(iii) A writ of mandamus commanding upon the respondents to ensure that the life and property of the petitioner is not exposed to any threat or risk at the hands of the complaints and provide adequate and much needed protection to the petitioner.

¶2The reliefs prayed for in this petition are claimed by the petitioner by alleging that the respondents, in particular the Crime Branch, Kashmir have been harassing him without their being any case registered against him.

¶3In this petition, the petitioner has primarily prayed for directions restraining the respondents from harassing him, directing them to close the complaints and proceedings initiated against him, and also to provide requisite protection to the life and property of the petitioner.

¶4On being put on notice, the respondents have caused appearance through their counsel and have filed objections wherein it has been submitted that the allegations of harassment by the Crime Branch, Kashmir without their being any case registered are false and frivolous. It is submitted that a written complaint was received by the Crime Branch from one Mohd Yousuf Khan & others, in which it was alleged that the petitioner had collected huge amount from the complainants under the pretext of providing Government jobs and subsequently provided fake appointment orders.

¶5On this complaint, the Crime Branch, Kashmir, initiated preliminary verification vide PV No. 39 of 2014 in which it surfaced that the petitioner had dishonestly and fraudulently collected 70.00 lacs from the petitioners on pretext of providing Government jobs and thereafter provided them fake appointment orders for different posts in Jammu & Kashmir Government. The preliminary verification resulted in prima facie disclosing commission of offence punishable under

Sections 420, 468 471 & 120B RPC. Accordingly, FIR No. 50 of 2018 was registered in the matter and investigation culminated in the presentation of challan before the Competent Court of law.

¶6It is further submitted that the petitioner is also facing investigation in FIR No. 17/2018 registered with the Crime Branch, Kashmir for the commission of offence under Sections 420, 468 471 & 120B RPC, which too has been investigated and challan presented before the Competent Court of law, whereas another FIR No. 32/2018 for similar offences registered with the Crime Branch, Kashmir is presently under investigation.

¶7It is submitted that in view of the registration of the three FIRs, the investigation was conducted by the Investigating Officers against the petitioner and, therefore, the allegations that he was unnecessarily harassed without there being any complaint or FIR pending against him are totally wrong and baseless.

¶8Having heard learned counsel for the parties and perused the material on record, I am of the considered opinion that this petition is devoid of any merit and, therefore, deserves to be dismissed. The allegations of the petitioner that the Crime Branch, Kashmir has been harassing him without registration of any FIR are totally baseless and frivolous. As a matter of fact, the Crime Branch, Kashmir has registered three different FIRs against him out of which two have already been investigated and the challans presented before the

Competent Court of law and the 3rd complaint as stated above is pending investigation and the challan is likely to be presented in the Court shortly.

¶9In view of the aforesaid, there is no merit in this petition and the same is, accordingly, dismissed.

(SANJEEV KUMAR)

JUDGE

SRINAGAR:

19.12.2025 "Mir Arif"

Serial No.11 SUPPL. CAUSE LIST-I IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 918/2023 CM(2150/2023) Abdul Majeed Mir …Petitioner(s) Through: Mr. Irfan Ahmad Mir, Advocate Vs. Union Territory of J&K & Ors. ...Respondent(s) Through: Mr. Mohsin Qadri, Sr. AAG with Ms. Maha Majeed, Assisting Counsel CORAM: HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE