Unrelated Family Records Cannot Be Retained During Forgery Investigation: J&K HC

Razia And Ors. Vs Union Territory of J&K (Jammu & Kashmir High Court)

Summary: The Jammu & Kashmir and Ladakh High Court allowed a petition by Razia and others challenging the Trial Court’s order dated 25.11.2025, which had released only some of 52 articles and documents seized by the Crime Branch in FIR No. 09/2023. The FIR concerns allegations that Showkat Ahmad Mir, husband of petitioner No. 1 and father of petitioner Nos. 2 and 3, obtained appointment as an Assistant Sub-Inspector in 1993 using fake and forged documents and thereafter received salary and other benefits. The alleged offences were under Sections 420, 467, 468 and 471 RPC. The petitioners contended that passbooks, PLI passbooks, cash certificates, bank-locker records, jewellery receipts and other personal material belonged to them or bore no relation to the alleged fraudulent appointment. The prosecution argued that investigation was continuing and the charge-sheet had not yet been filed.

At the hearing, the Investigating Officer identified educational qualifications, appointment papers and the accused’s service record as relevant to the investigation. He also conceded that no material had emerged suggesting assets disproportionate to the accused’s known sources of income. The Court found that the investigation concerned alleged procurement of public employment through forged documents and the resulting salary, rather than disproportionate assets. It noted the absence of any FIR allegation that the petitioners prepared or used forged documents. Their family relationship with the accused and recovery of their personal records during a search did not establish a reason to retain those records. The Court observed that Sections 451 and 457 Cr.P.C. require judicial discretion over custody and disposal of property to be exercised in light of its relevance and the need for continued retention. Mere pendency of investigation did not justify retaining documents with no discernible connection to the alleged offence.