ASIF NAZIR MIR Vs. STATE AND ORS.

JUDGEMENT

(1.) This Appeal is directed against the judgment and order dated 05.06.2015 passed by the Writ Court in OWP No. 1997/2013 and order dated 17.08.2015 passed in Review Petition No. 28/2015, whereby the learned Single Judge has dismissed the writ petition as also the review petition.

(2.) The facts-in-brief are that the writ petitioner filed a Civil Suit for declaration and permanent injunction against his father Nazir Ahmad Mir and two sisters that the Will Deed executed by his father on 29.08.2012 and duly registered before the Sub-Registrar, Srinagar regarding his various properties be declared as null and void. Learned trial Court on 16.09.2013 directed the parties to maintain status-quo with respect to the suit property. On 04.12.2013, father of writ petitioner, respondent No.7 herein, lodged FIR No. 127/2013 under Sections 307. 452, 354 and 506 RPC at Police Station Nigeen against his son alleging therein that his son along with his wife had trespassed into his house, assaulted him and his daughter and put them in wrongful restraint. On 14.12.2013 writ petitioner also lodged a counter complaint against his father under Sec. 156(3) Crimial P.C. before the learned Chief Judicial Magistrate, Srinagar.

(3.) Meanwhile, writ petitioner also filed a petition under Sec. 561-A Crimial P.C. before this Court seeking quashing of FIR No. 127/2013 on the ground that he was being unnecessarily harassed by the police at the instance of his father despite the fact that he is the owner of ancestral house situated at Nigeen Hazratbal, Srinagar, but he along with his family was not allowed to enter in the house by his father. The said petition later on came to be disposed by this Court with certain direction to the father-son duo and the concerned Investigating Officer.