The Jammu & Kashmir and Ladakh High Court refused to quash the FIR and charge-sheet arising from a commercial tenancy.
Judge / Bench — Justice Yash Paul Bourney
Allegations went beyond unpaid rent: the petitioner allegedly misrepresented his university affiliation and business requirements, inducing possession and substantial expenditure on modifications. Taken at face value, those allegations warranted examination for the charged RPC offences despite the availability of civil remedies. Whether dishonest intention existed at inception remained a matter for the trial process; the inherent-jurisdiction court would not resolve disputed evidence. The petition was dismissed with liberty to raise permissible pleas, including discharge, before the trial court, which must proceed independently. The ruling makes no final finding that the allegations are proved.
Case — Burhan Ahmad Beigh v. UT of J&K and others · CRM(M) No. 234/2022 · 23 October 2026 · Srinagar wing
Advocates appearing — Petitioner — Mr. Ateeb Kanth, Advocate. Respondents 1–4 — Mr. Haris Khan, Assisting Counsel, vice Mr. Mohsin S. Qadri, Sr. AAG. Respondent 5 — Mr. Z. A. Qureshi, Sr. Advocate, with Mr. Athar Rashid, Advocate.