NISAR AHMAD Vs. STATE OF J&K AND OTHERS

JUDGEMENT

(1.) In this petition, filed under Section 561-A of the Code of Criminal Procedure, the petitioner craves the indulgence of this Court in quashing the FIR bearing No.28/2016, registered on 21.05.2016, at Police Station Nishat, for the commission of an offence punishable under Section 420 read with section 34 of the Ranbir Penal Code.

(2.) Before adverting to the grounds urged by the petitioner for seeking the aforesaid relief the contents of the FIR require to be examined and evaluated. The FIR delineates that on 21.05.2015, Mushtaq Ahmad Zaroo M/s Khazir Sons Brane S/o Gh. Mustafa Zaroo R/o Brane Nishat, moved a complaint before the authorities of Police Station Nishat, Srinagar, alleging therein that he has been duped and deprived of a sum of Rs. 01 Crore and 71 lacs during the period commencing from May to September 2015 by Farooq Ahmad Kotroo and his accomplices, who took money from him in parts under various pretexts, but did not return the same. He (Farooq Ahmad Katroo) took umbrage under the plea that he has paid the money received from him to some international dealers, dealing with antique stones. After the passage of some time, Farooq Ahmad Kotroo called the complainant to his houseboat, "King of Sea" situate at Dal Lake and told him that the antique stones which he had purchased out of his money have disappeared from his locker and since he had paid for the products, therefore he cannot return the money received by him and that he should not pursue any legal remedy. It is further stated that Farooq Ahmad Kotroo told him that he has borrowed a lot of money from some others also and he takes full responsibility of returning it in the coming year. The amount due to be paid to him had by then swelled upto Rs. 1,48,00,000 which he had drawn from his companies HDFC Bank account Nishat Branch. It is further contended that considering his background the complainant doubted his intention and therefore, he got in touch with his accomplices and pleaded before them that they should return the money who in turn assured him that in the coming days they will sell their assets and ventures which are stuck with some party at Mumbai/Delhi for the release of which they require same money.

(3.) Aggrieved by the registration of the FIR, numbered above the petitioner has challenged its vires on the grounds, inter alia, that the contents of the complaint, FIR and the Police report submitted in the bail application, nowhere demonstrate that the matter is of a criminal nature. Having regard to the facts and the circumstances of the case, it is a civil dispute for which the police cannot take cognizance. The complainant, Mushtaq Ahmad Zaroo, being an influential person implicated the petitioner and Others in a false and frivolous criminal case bearing FIR No. 28/2016 under Section 420/34 RPC registered at Police Station Nishat. It is also stated that after the perusal of the report filed by the police authorities of police station, Nishat, Srinagar, the trial Court has released the petitioner on bail.