Srinagar, Sept 24: The Special Mobile Magistrate/PT&E Srinagar has directed the SHO Police Station Panthachowk to register an FIR and conduct a fair and expeditious investigation into allegations of wrongful restraint, criminal intimidation, threats and suspected irregularities in revenue records in connection with a long-standing land dispute at Khunmoh.
The order was passed by Special Mobile Magistrate/PT&E Massarat Jabeen on an application filed by Mir Zaffar Hussain, who sought registration of an FIR against Suhail Ahmad Khan alias Sultan Suhail Khan and Nasir Sultan Khan under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
The applicant was represented through Advocate Shublee Ashraf and Associates.
The dispute concerns around 75 kanal and 14 marlas of land at Siknar, Khunmoh, falling under various Khasra numbers, including 1769, 1799, 1800 and 3805/2040.
The court noted that although the parties are already engaged in civil and revenue litigation over title, possession and demarcation, the police enquiry itself disclosed prima facie material regarding an incident dated June 15, 2026. The enquiry recorded allegations that Suhail Sultan Khan allegedly wrongfully restrained Hussain, verbally abused him and extended threats.
The court also took note of issues concerning Mutation Nos. 5700, 5711/1 and 5985, which, according to the revenue enquiry, require further scrutiny due to alleged procedural irregularities and alterations in the mutation register.
The police enquiry had recommended fresh survey-wise demarcation of the disputed land and detailed examination of the mutations.
The court observed that questions regarding whether any document was forged or fabricated, knowingly used, or whether any fraudulent transaction took place could not be conclusively determined through a preliminary enquiry and required proper investigation and collection of evidence.
It further held that the pendency of civil proceedings and status quo orders did not, by itself, prevent investigation into allegations disclosing cognizable offences.
The court, however, clarified that the FIR and investigation would not amount to adjudication of ownership, possession or other civil rights of the parties. The existing status quo orders passed by the competent Civil Court would remain operative.
Accordingly, the court allowed the application and directed the SHO, Police Station Panthachowk, to register an FIR on the basis of the complaint and material collected during the preliminary enquiry and conduct a fair, impartial and expeditious investigation.
The court also directed police to ensure that the investigation does not result in dispossession of either party or interfere with orders passed by the competent court.
