Manzoor Ahmed Zargar v. State Th.Home Depttt.And Ors

ORDER (20.12.2025)

¶01This writ petition is disposed of with a direction that the petitioner shall be dealt only in accordance with law in connection with FIR No. 21/2014 registered by the Police Station, Crime Branch, Jammu.

¶02Disposed of.

¶03Disposal of the writ petition shall not prejudice the petitioner, in case any fresh cause of action accrues to the petitioner Serial No. 06 Supplementary List-I

by any purported act of harassment from the end of the respondents relatable to FIR No. 21/2024 registered by the Police Station, Crime Branch, Police Station, Jammu.

¶04The institution of this petition by the writ petitioner No. 1 was through attorney holder, the petitioner No. 2.

¶05The petitioner No. 1 is said to have expired.

¶06The institution of the writ petition was for the purpose of invoking inherent powers of this Court under section 561-A of the J&K Code of Criminal Procedure (Cr.P.C), Svt. 1989 (1933AD) for seeking quashment of FIR No. 21/2014 dated 01.10.2014 mentioned in the cause title of the petition whereas in the prayer part mentioned as FIR No. 11/2014 dated 01.10.2014 registered by the Police Station, Crime Branch, Jammu.

¶07The petitioner No. 2 is said to have acted as an attorney of the petitioner No. 1 on the basis of registered General Power of Attorney dated 01.02.2011.

¶08Obviously, upon the demise of the principal i.e. the petitioner No. 1, the petitioner No. 2 lost the status of being an attorney and, therefore, at his individual level, the petitioner No. 2 may not have any cause to complain against FIR No. 21/2014.

¶09Accordingly, the writ petition is held to be rendered infructuous upon death of the petitioner No. 1, as the petitioner No. 1 is no more available for suffering any investigation in connection with FIR No. 21/2014.

¶10In case, the petitioner No. 2 would have any cause of action in connection with the investigation of FIR No. 21/2014 in his capacity as attorney of the petitioner No. 1, then dismissal of the present petition shall not prejudice the petitioner No. 2 to resort to appropriate legal course of action as may come available to him including filing of the fresh petition invoking inherent powers of this Court.

¶11Disposed of.

¶12Interim direction given in the order dated 09.09.2015 shall stand vacated.

¶13A copy of this order be forwarded to Senior Superintendent of Police (SSP), Crime Branch, Jammu for being taken on record by reference to FIR No. 21/2014.

(RAHUL BHARTI) JUDGE JAMMU

20.12.2025

Shivalee

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU IA No. 01/2015 IA No. 02/2015 IA No. 01/2015 Manzoor Ahmed Zargar …..Petitioner(s) Through: Mr. N. D. Qazi, Advocate in Mr. Ravi Abrol, Advocate in CRMC No. 401/2015. Vs State of J&K & Ors. .….Respondent(s) Through: Mrs. Monika Kohli, Sr. AAG with Ms. Nazia Fazal, Advocate. CORAM: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE