1. Petitioner alleges that his son Mohammad AshrafTeli, aged 24 years, after being picked up by 12th Bn. of B.S.F from Soura colony on 21-09-1995, was done to death by burning in a migrant™s house on 22-09-1995, on the false plea that he was a militant of "Harkat-ul-Ansar". Petitioner approached Chief Judicial Magistrate, Srinagar. Police Station, Soura was directed to register a case. Two FIR 136/ 95 and 138/95 were registered and investigation was launched. Petitioner prayed for relief of investigation of the case and submission of the status report of investigating agency before this court and for arresting the culprit and for compensation. 2. Respondents in counter affidavit of DIG, BSF, Amritsar, have owned arrest on 21-05-95, of the subject Mohammad Ashraf Teli alleged to be District commander of "Harkat-ul-Ansar". It is further state that while being taken to a hide out for a recovery of ammunition and arms in a migrant™s house at Vicharnag colony (soura) on 22.09.1995, at 0525 hours, he opened fire on the BSF party. The BSF party retaliated. The said militant was killed in the action and arms and ammunition were recovered on spot. The B.S.F informed the police station of the incident. 3. The SHO Police Station Soura, Srinagar investigated the incident and filed status report through the counsel Mr. M.I. Qadri, Sr. AAG. The investigating Officer has reported that the case has been closed as not addmited for want of proof. The investigating agency recorded the statements of the witnesses in support of occurrence and seized some incriminating articles from person of deceased on spot, which were sent to FSL for chemical examination and body was subjected to postmortem and matter was also referred for opinion of Forensic Science Laboratory. The case was closed way back on 20-07-1996. Mr. Qadri, Sr. AAG, has also submitted diary which has been also examined. 4. On consideration of the matter, it is obvious that the allegations of torture and extra judicial killings as alleged is disputed by the otherside. Investigation has not also supported the theory as put forth in the petition averments. In any case disputed questions of fact are raised. As against the petitioner™s version of torture and extra judicial killing, the respondents version is that the petitioner, a hard core militant was killed in retaliatory action when taken for recovery of arms and ammunition in a hide out. In any case disputed questions of fact are raised. As against the petitioner™s version of torture and extra judicial killing, the respondents version is that the petitioner, a hard core militant was killed in retaliatory action when taken for recovery of arms and ammunition in a hide out. The investigating agency has not gone further. In such circumstances the writ petition is not maintainable when disputed questions of fact are raised. 5. The petitioner has his remedies available under law. Once the investigation is closed as not admitted, the final report is to be produced before the Chief Judicial/judicial magistrate, who under ordinary criminal law has the powers either to concur with the closure of investigations or to reopen the matter or order further investigations. Besides, the petitioner irrespective of negative conclusion of the investigating agency regarding the Commission of offence can move the Magistrate for appropriate orders/directions, if complainant is in possession of sufficient material and proof to substantiate the factum of the indictment. Petitioner has not even pursued his remedies available to him under law as above. The writ is also not maintainable view of the above effective alternative remedies available to petitioner, both on criminal and civil side qua the reliefs prayed in the petition. 6. For aforesaid reasons, dismissed. Diary returned to Mr. M. Qadri, Sr. Addl. Advocate General.