SRINAGAR: The High Court of Jammu and Kashmir and Ladakh has upheld the dismissal of a complaint filed by a Srinagar dhaba owner, who had accused his landlord’s family of criminal misappropriation of articles left in his restaurant after the abrogation of Article 370 in 2019. The court ruled that the dispute was fundamentally civil in nature and had been inappropriately given a criminal dimension.
The Chenab Times has learned that Justice Sanjay Dhar, while delivering the judgment, affirmed the concurrent findings of the trial court and the revisional court. He noted that there were insufficient grounds to invoke the High Court’s inherent jurisdiction under Section 482 of the Code of Criminal Procedure, effectively dismissing the petition.
The petition was lodged by Abdul Wahab Qureshi, with advocate M.A. Rathore representing him. The respondents were represented by advocate Moomin Sultan.
The case details indicate that Qureshi had been operating the ‘Punjabi Rasoi’ dhaba on Old Gagribal Road in Srinagar. The premises were owned by the mother of the respondents, and Qureshi had been a tenant since January 2008 until August 15, 2019. He contended that following the abrogation of Article 370 and subsequent disruptions in the Valley, he was compelled to leave Kashmir. At that time, he left behind utensils, furniture, and other articles in the restaurant. Upon his return, he alleged that the respondents not only refused to return his belongings but also used them to operate their own dhaba. Qureshi then initiated criminal proceedings, alleging criminal breach of trust under Section 406 of the Indian Penal Code, and approached the Judicial Magistrate.
Prior to issuing any formal process, the trial magistrate ordered a police inquiry under Section 202 of the CrPC, entrusting the task to the Station House Officer of Ram Munshi Bagh. The subsequent police inquiry revealed that the petitioner had vacated the premises while owing approximately Rs 3 lakh in rent, in addition to unpaid electricity charges. According to the inquiry report, the respondents had retained Qureshi’s articles and vehicle solely as security for the outstanding dues. The inquiry also noted that a settlement had been reached, wherein Qureshi paid Rs 50,000 and committed to clearing the remaining Rs 2.5 lakh by June 30, 2020. However, he failed to adhere to this agreement.
Relying on the findings of the inquiry report, the magistrate dismissed Qureshi’s complaint on July 4, 2022. This decision was subsequently upheld by the 2nd Additional Sessions Judge, Srinagar, on February 4, 2023. Aggrieved by these decisions, Qureshi then petitioned the High Court under Section 482 CrPC.
Justice Dhar concluded that the magistrate had appropriately considered both the allegations made in the complaint and the findings of the inquiry report before determining that no criminal offence was established. He stated, “There was sufficient material on record before the learned trial Magistrate to conclude that the dispute between the parties is purely of civil nature which has been given a criminal colour by the petitioner by filing a criminal complaint against the respondents.”
The High Court also observed that the petition effectively constituted a second revision petition, disguised as proceedings under Section 482 CrPC. Such actions are generally barred under Section 397(3) of the Code, except under exceptionally rare circumstances. Justice Dhar noted, “It is only in very exceptional and rare cases that High Court would entertain a petition under Section 482 Cr. P. C. against an order passed by a Sessions Court in exercise of its revisional jurisdiction. In the present case, I do not find any exceptional circumstance.”
In its final ruling, the court dismissed the petition, stating, “For the foregoing reasons, the petition is found to be devoid of merit and is dismissed accordingly.”
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