Jammu and Kashmir High Court
CRM(M)/459/2020 of MUDASSER HUSSAIN Vs UNION TERRITORY OF J AND K TH HOME DEPTT AND ORS on 20 August 2025
JAMMU & KASHMIR AND LADAKH AT JAMMU Case: CRM(M) No. 459/2020 CrlM No. 2167/2023 CrlM No. 1793/2020 Mudasser Hussain …. Petitioner(s)/Appellant(s) Through :- Mr. Mohd. Latief Malik, Advocate V/s UT of J&K & Ors. ….Respondent(s) Through :- Mr. Eishaan Dadhichi, GA Coram:
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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
Case: CRM(M) No. 459/2020 CrlM No. 2167/2023 CrlM No. 1793/2020
Mudasser Hussain
…. Petitioner(s)/Appellant(s)
Through :- Mr. Mohd. Latief Malik, Advocate
V/s
UT of J&K & Ors.
….Respondent(s)
Through :- Mr. Eishaan Dadhichi, GA
Coram: HON’BLE MR. JUSTICE RAJESH SEKHRI, JUDGE JUDGMENT20.08.2025
(ORAL)
01. Petitioner is aggrieved of FIR No. 32/2020 registered with Police Station, Gool District, Ramban, inter alia, on the ground of false implication and that contents of the FIR even if taken in their entirety and accepted at face value, do not disclose the commission of any cognizable offence against him. 02.As factual narration of the present case would unfurl, on 10.06.2020, Police Station, Gool received a source information that the petitioner along with others, in furtherance of common criminal intention and without permission of DM Ramban, had constructed a tin shed in their land during intervening night of 09/10.06.2020, when the entire country was locked down by the order of the Government in view of Covid-19 pandemic and DM Ramban had issued restriction on the construction work in the District. The allegation against the petitioner and co-accused is that they had constructed the tin shed in violation of the circular issued by the District Magistrate.
03. On the receipt of this report, impugned FIR came to be registered. The petitioner is aggrieved of the impugned FIR, primarily, on the ground that private construction activities were allowed by the District Administration during the pandemic and, as such, the petitioner had not violated any instruction issued by the District Administration and therefore, no offence was made out.
04. Learned Government Advocate has produced Government Order No. 61-JK(DMRRR) of 2020 dated 07.06.2020 regarding the guidelines/instructions issued by the Government of Jammu and Kashmir on lockdown measures with effect from 08.06.2020 for regulating the activities within the Union Territory of Jammu and Kashmir for effective containment of COVID-19. It is pertinent to mention that the Government of J&K pursuant to Government order No. 48-JK(DMRRR) of 2020 dated 03.05.2020 classified the Districts of Jammu and Kashmir into Red, Orange and Green Zones. However, as per Clause 52 of the General Instructions contained in Government Order No. 61(supra), private construction activities were allowed by the Government in all the green and orange Districts without any permission. The said clause is set out hereunder:- Learned Government Advocate has produced Government Order “52. Private construction activities shall be allowed in all Green and Orange districts, without any need for permission. The labour in all projects in Urban Municipal limits have to be kept in-situ only. Health precautions and instructions as mentioned at para 40-44 below will be strictly required to be followed. In Red Districts, District Magistrates will assess the ground situation and issue permissions as necessary both for construction and any related movement.” and Orange districts, without any need for permission. The labour in all projects in Urban Municipal limits have to be kept in-situ only. Health precautions and instructions as mentioned at para 40-44 below will be strictly required to be followed. In Red Districts, District Magistrates will assess the ground situation and issue permissions as necessary both for construction and any related movement.”
05. The aforesaid instructions issued by the Government of J&K came to be reiterated by the District Administration of District, Ramban vide its order No. DCR/COVID-19/1920-31 dated 08.06.2020.
06. It is evident from the aforesaid instructions/guidelines issued by the Government of Jammu and Kashmir reiterated by the District Administration of District, Ramban, that no permission was required for private construction activities in all green and orange Districts. There is nothing in the record to suggest that the petitioner at any point of time violated any instruction issued by the State Government or District Administration. Therefore, contents of the FIR do not disclose the commission of any cognizable offence, muchless offences under Sections 188/447 IPC, alleged to have been committed by the petitioner.
07. Hence, the present petition is allowed and impugned FIR is quashed.
08. Disposed of along with connected CrlM(s)
09. Interim direction, if any, shall stand vacated.
Jammu: 20.08.2025 Meenakshi
(RAJESH SEKHRI) JUDGE