Bilal Bhat
Srinagar 1 April 2026: In a significant development, the High Court of Jammu and Kashmir and Ladakh at Srinagar has dismissed a petition seeking quashing of an FIR registered at Ram Munshi Bagh Police Station, while directing the police to proceed with the case without any further delay and present the challan before the competent court.
The judgment, delivered on March 30, 2026 by Justice Moksha Khajuria Kazmi, came in a petition filed by Gulzar Ahmad Ganie and others who had approached the High Court seeking quashing of FIR No. 40/2025, registered on the basis of complaints filed by a woman from the Shivpora area of Srinagar.
The petitioners, through their counsel Advocate Asif Bhat and Advocate Arshid Bashir, argued that the FIR was fabricated and aimed only at harassing them and tarnishing their reputation. However, the complainant strongly opposed the plea through Advocate Sajad Ahmad Mir, assisted by Advocate Ifra Milad, who maintained before the court that the allegations were serious in nature and required proper investigation and trial instead of being quashed at the initial stage.
The court, after hearing arguments from both sides and examining the case diary, observed that the petition did not fall within the limited grounds under which the High Court can exercise its extraordinary jurisdiction for quashing an FIR. The court further noted that almost a year had passed since the incident of May 29, 2025, yet the investigation had not moved forward in the manner it should have.
In one of the strongest observations in the judgment, the High Court said that the law does not differentiate between ordinary citizens and influential persons and that any hesitation in pursuing the investigation gives rise to the impression that the investigating agency may have been influenced by the standing of the accused. The court also remarked that the criminal case must proceed without unnecessary delay and that the police must present the challan at the earliest.
Legal circles in Srinagar also took note of the role played by Advocate Sajad Ahmad Mir in the case, who is widely known for appearing in sensitive criminal matters and strongly opposing the quashing of FIRs at the initial stage, particularly in cases involving serious allegations. According to the judgment record, his submissions formed a key part of the opposition to the petition filed by the accused.
With the dismissal of the petition, the interim protection earlier granted to the petitioners now stands vacated, and the police have been directed to proceed strictly in accordance with law. The High Court has also ordered that a copy of the judgment be sent to the Director General of Police, indicating the seriousness of the court’s observations regarding the delay in the investigation.
