early times report
Jammu, Nov 19: The High Court of Jammu & Kashmir and Ladakh at Jammu on Thursday ordered a stay on further investigation in an FIR registered by the Economic Offences Wing (EOW) of Crime Branch Jammu against a woman from Mendhar, Poonch, observing that the matter requires deeper judicial examination.
The direction was passed by Justice Mohd. Yousuf Wani while hearing Bail App No. 323/2025, clubbed with CRM(M) No. 1181/2025, filed by Mst. Amna, who has approached the court seeking quashing of FIR No. 0060/2025, registered on September 29, 2025.
Appearing for the petitioner, Senior Advocate Aseem Kumar Sawhney, assisted by Advocate Tehseena Bukhari, argued that the FIR stems from a prolonged family dispute and is an attempt at “vengeance, arm-twisting and mala fide litigation” initiated by the complainant, Nasir Ali, the petitioner’s brother.
The FIR, invoking Sections 420, 465, 467, 468 and 120-B of the IPC, alleges that the petitioner forged documents—specifically an affidavit—linked to the family’s application for compassionate appointment after the death of her father, Late Mohd. Afzal, an Assistant Engineer in PMGSY who passed away in 2020 while in service.
According to the petition, all legal heirs, including the complainant, had earlier unanimously agreed that the petitioner, being the eldest and fully qualified, would receive compassionate appointment under SRO 43, while gratuity was to be distributed equally. After receiving his share of ₹5 lakh, the complainant allegedly launched multiple litigations to claim a higher portion and later accused the petitioner of forging the affidavit, despite previously relying upon the same document.
It was further contended that the FIR was registered arbitrarily and without jurisdiction, in violation of the mandate laid down in Lalita Kumari v. State of UP, which—according to the petitioner—required a preliminary inquiry before registration. The counsel also submitted that the case does not fall within the categories of offences that the EOW is authorised to investigate under SO 232 of 2022.
The Court on Thursday issued notice to the respondents. Government Counsel Nazia Fazel accepted notice on behalf of the Union Territory, while notice was also directed to be served on respondent No. 2, returnable on the next date of hearing.
The High Court directed that response and objections to both the main petition and interim application be filed before the next date, while the investigation shall remain stayed in the meantime. (JNF)
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