HC dismisses plea to quash Crime Branch FIR, says attempt to stall investigation impermissible

30/07/2026

SRINAGAR, Jul 29: The High Court of Jammu and Kashmir and Ladakh has dismissed a petition seeking quashing of an FIR registered by the Crime Branch, Kashmir, observing that an attempt to use the process of the court to stall a statutory investigation was "wholly impermissible".
Justice Shahzad Azeem passed the order while dismissing CRM (M) No. 496/2026 filed by Ghulam Mohammad Sheikh, who had sought quashing of FIR No. 34/2017 registered at Police Station Crime Branch, Kashmir, Srinagar, for offences under Sections 420, 467, 468, 471 and 120-B of the Indian Penal Code.
The petitioner was represented by Advocate Aadil Parray, while Advocate Mejhabeen appeared for the respondents.
The court noted that the petitioner's name did not figure in the FIR as an accused and that he was principally aggrieved by a notice issued under Section 41-A of the Code of Criminal Procedure, apprehending that he might be implicated as an accused in the case.
Justice Azeem observed that, in substance, the petitioner was seeking to restrain the investigating agency from proceeding further with the investigation, with his apprehension based on the issuance of the Section 41-A notice.
The court further noted that before filing the present petition, the petitioner had already approached the High Court seeking quashing of the same FIR on substantially identical grounds through CRM (M) No. 88/2025, in which notice had been issued and the matter was pending adjudication.
Terming the present petition a "second attempt at the same relief", the High Court referred to the Supreme Court's judgment in Lalita Kumari v. Government of Uttar Pradesh & Ors., holding that registration of an FIR under Section 154 CrPC is mandatory when information discloses commission of a cognizable offence.
"The police, therefore, has no discretion to refuse registration or to conduct a preliminary inquiry to test the veracity of such information, rather it is their statutory duty to conduct the investigation," the court observed.
The High Court also took note of a "hue and cry notice" and observed that it appeared that the petitioner, instead of cooperating with the investigating agency, had absconded and subsequently filed the petition seeking quashing of an FIR in which he was not even named as an accused.
"The Petition is, in essence, an attempt to use the process of this Court to stall the statutory investigation. Such a course is wholly impermissible and does not call for any interference at this stage," Justice Azeem said.
Finding the petition "grossly misconceived", the High Court dismissed it along with the connected application.

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