SRINAGAR: The High Court of Jammu Kashmir and Ladakh has quashed an FIR registered by the Crime Branch against former Jammu and Kashmir Ranji cricketer Majid Yaqoob Dar in an alleged fake date of birth case, holding that continuation of criminal proceedings would amount to abuse of the process of law.
The judgment was delivered by Justice Wasim Sadiq Nargal in CRM(M) No. 241/2023 titled Majid Yaqoob Dar versus Union Territory of Jammu Kashmir and another.
The matter had been reserved for judgment on May 13, 2026, pronounced on May 18, and uploaded on May 19.
Former cricketer Majid Yaqoob Dar, a resident of Ishber Nishat in Srinagar, had approached the High Court through advocate Shafqat Nazir seeking quashing of FIR No. 26/2023 dated May 25, 2023 registered by the Crime Branch Kashmir.
The FIR stemmed from a complaint lodged on September 12, 2020 by the Chief Executive Officer of the Jammu and Kashmir Cricket Association before the Crime Branch alleging that Majid Dar had produced a false date of birth certificate while registering for the Ranji Trophy tournament in 2013.
According to the complaint, the cricketer had shown his date of birth as December 30, 1978 whereas his “actual” date of birth was alleged to be December 30, 1970, thereby fraudulently securing registration and monetary benefits.
Following the complaint, the Crime Branch initiated a preliminary verification and appointed the Deputy Superintendent of Police, Economic Offences Wing, as enquiry officer.
However, during the course of the enquiry, the JKCA conducted its own internal probe and later informed the Crime Branch through a communication dated March 16, 2022 that the allegations against the former cricketer were “false and devoid of logic.”
The association subsequently sought closure of the complaint, stating that no material substantiating the allegations had been found in the official records.
The High Court record revealed that despite repeated communications from the JKCA seeking closure of the complaint, the enquiry proceedings continued, prompting Majid Dar to file the petition before the High Court.
On June 2, 2023, the High Court stayed the operation of the impugned FIR after hearing counsel for the petitioner and respondent JKCA.
During the hearing, advocate Shafqat Nazir argued that the complaint had been motivated and intended to victimise the former cricketer amid internal disputes within the association.
The court noted submissions that Majid Dar had represented Jammu and Kashmir in Ranji Trophy cricket from 2003 to 2014 and that his date of birth had already been accepted by the association during his playing career.
The High Court also took note of submissions that the marriage of Majid Dar’s parents had taken place in 1973, making the allegation that he was born in 1970 prima facie doubtful.
The judgment records that the Sub-Committee of JKCA concluded that the allegations were baseless and appeared to have been levelled only to harass the cricketer because of internal disputes within the association.
The court further observed that age was immaterial for participation in Ranji Trophy cricket and that the remuneration received by the player was legitimately earned for matches played by him.
On May 11, 2026, the High Court directed Brigadier Anil Gupta to appear before the Registrar Judicial for recording of his statement.
In his statement recorded on May 12, Brigadier Anil Gupta reportedly stated that the complaint filed by the then JKCA Chief Executive Officer appeared motivated and intended to victimise the former cricketer.
He further stated before the court that the JKCA did not wish to pursue the prosecution and sought closure of the FIR.
The statement also alleged that former senior police officer SAH Bukhari appeared to have influenced registration of the case.
Appearing for the Union Territory, Senior Additional Advocate General Mohsin-ul-Showkat Qadiri, assisted by advocate Haris, informed the court that in view of the stand taken by the complainant association, the UT had no objection to quashing of the FIR.
Counsel for JKCA, advocate Arif Sikander Mir, also supported quashing of the proceedings and submitted that the complaint deserved closure as recommended by the association’s sub-committee.
While allowing the petition, Justice Wasim Sadiq Nargal observed that criminal law cannot be permitted to become “an instrument of harassment” or a means for settling internal institutional disputes.
The court held that once the complainant association itself had concluded after internal scrutiny that the allegations were baseless and unsupported by official records, continuation of criminal proceedings would amount to misuse of the criminal justice system.
Relying upon the Supreme Court judgments in State of Haryana vs Bhajan Lal and Mohd. Wajid vs State of U.P., the High Court ruled that the case fell within the parameters warranting exercise of inherent powers to prevent abuse of law.
Consequently, the court quashed FIR No. 26/2023 dated May 25, 2023, Complaint No. JKCA/CEO/20/230 dated September 12, 2020, Preliminary Verification No. 40/2021 and related proceedings initiated by the Economic Offences Wing of the Crime Branch Kashmir.
