SRINAGAR: The High Court in Srinagar has set aside a 2022 order of the Judicial Magistrate First Class (City Judge), Srinagar, which had directed the Economic Offences Wing (EOW) Kashmir to register an FIR and investigate allegations of torture and custodial killing of a youth by police personnel of Police Station Nowgam.
The verdict was delivered on December 3, 2025, by Justice Sanjay Dhar in a petition filed under Section 482 of the CrPC by the Senior Superintendent of Police, Economic Offences Wing, Kashmir. The petitioner challenged the Magistrate’s July 15, 2022, order on the ground that the EOW had no jurisdiction to investigate offences of this nature.
According to the complaint filed by respondent Shafiqa Muneer before the trial court, her son had allegedly been tortured to death by officers of Police Station Nowgam. The Magistrate had directed the SHO of Crime Branch (now EOW), Srinagar, to register an FIR against the concerned police officials and ensure that the investigation was conducted by an efficient officer.
The petitioner argued that the EOW’s jurisdiction is strictly limited to the offences listed under Government Notification S.O. 232 dated May 9, 2022. Justice Dhar agreed with this position after examining the notification.
The court noted that S.O. 232 formally declares the office of the Economic Offences Wing, Srinagar, as a Police Station and vests the Superintendent of Police posted there with the powers of a Station House Officer. The annexure to the notification lists offences that EOW is authorised to register and investigate. However, allegations relating to custodial torture or custodial death do not figure anywhere in this list.
Justice Dhar also referred to a 2010 judgment of a coordinate bench in S. Balbir Singh vs Ishar Das, which held that a Magistrate may direct the Crime Branch/EOW to conduct an investigation only if the alleged offence falls within its statutory jurisdiction. Otherwise, directions must be issued only to the jurisdictional police station.
Since the complaint concerns custodial violence allegedly committed by personnel of Police Station Nowgam, the High Court held that the trial Magistrate had exceeded jurisdiction by directing EOW to investigate. “Such type of offence does not find mention in the list of offences… Therefore, the learned trial Magistrate was not empowered to direct Economic Offences Wing, Srinagar to register an FIR,” the order stated.
Allowing the petition, the High Court set aside the Magistrate’s order and remanded the matter back to the City Judge, Srinagar, to pass fresh orders on the complaint in accordance with law.
