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High Court of Jammu and Kashmir · body

2017 DAILYLAW 1122 (JK)

RAGHUNANDAN SHARMA v. SUBASH CHANDER AND ORS.

CRR/53/2017 · 2026-02-13

Rajnesh Oswal

body2017

Judgment text

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Sr. No. 09 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CRR No. 53/2017 Lt. Col (Retd.) Raghunandan Sharma, aged 74 years, S/o Lt. Sh. Paras Ram Sharma. R/o 106, Florence Apartment, Satyam Road, Trikuta Nagar Extn. Jammu. …. Appellant(s)/Petitioner(s) Through:- Mr. L.K. Sharma, Sr. Advocate with Mr. Mohit Kumar, Advocate. 1. Subash Chander S/o Billu Ram Lohar R/o Sanasar, Tehsil Ramban District Ramban 2. Sudesh Kumar S/o Billu Ram Lohar R/o Sanasar, Tehsil Ramban District Ramban. 3. Roma W/o Billu Ram Lohar R/o Sanasar, Tehsil Ramban District Ramban. …..Respondent(s) Through:- Mr. Madan Lal, Advocate. CORAM : HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE ORDER 13.02.2026. 1. Learned Senior Counsel appearing for the petitioner submits that the learned Principal and Sessions Judge, Ramban (for short “the Revisional Court”) vide order dated 16.10.2017, has not taken note of the fact that 2 CRR No. 53/2017 initially investigation in the FIR was closed as not admitted but it was pursuant to the order dated 16.04.2015 passed by the learned JMIC Batote that investigation was again conducted and the charge-sheet was filed against the respondents on 28.10.2015. He further submits that the learned Revisional Court ought to have taken note of the above mentioned facts but the learned Revisional Court simply took note of the fact that FIR was registered on 13.08.2012 and charge-sheet was filed on 28.10.2015, and set aside order dated 28.10.2015. 2. After arguing for a while, learned counsel for the parties have reached to a consensus that the learned trial Court may pass fresh orders after taking into consideration the provisions of limitation as contained in the Code of Criminal Procedure for the purpose of taking cognizance of the offences complained in the charge-sheet. Ordered accordingly. 3. Needless to say that the learned trial Court shall pass the order in accordance with law after hearing the prosecution and the complainant without being influenced in any manner qua any observation made by the learned Revisional Court regarding the merit of the claims of either of the parties in the order impugned dated 16.10.2017. 4. Disposed of. 5. The petitioner shall appear before the Magistrate on 06.03.2026. (Rajnesh Oswal) Judge JAMMU 13.02.2026 NEHA-1