HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CRM (M) No. 394/2019 Hadyatullah Malik .....Applicant(s)/Petitioner(s) Through :- Mr. Mohinder Kumar, Advocate v/s Mushtaq Ahmed .....Respondent(s) Through :- None CORAM: HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE ORDER 20.02.2026 1. The impugned order of cognizance has been assailed by the petitioner, primarily, on the ground that the learned Judicial Magistrate First Class (Munsiff), Jammu has not applied its mind and has not indicated in the impugned order as to how the offences under Sections 451, 323, 427, 504 and 506 of RPC are made out. It is submitted that the cognizance has been taken in a mechanical manner without referring to either contents of the complaint or the statement of the complainant and the witness recorded. 2. Having heard learned counsel for the petitioner and perused the material on record, I am of the considered opinion that the order of taking cognizance, impugned in this petition, is bad in the eye of law. Learned Magistrate concerned has only taken note of the fact that there is a complaint and the statement of the complainant and one witness on record and, therefore, the offences under Sections 451, 323, 427, 504 and 506 of RPC are made out. Sr. No. 53 2 3. There is neither any application of mind by the Magistrate nor there is any disclosure as to how the ingredients of the aforesaid sections are met by reading the complaint in the light of statement of the complainant and the witness recorded before issuing process. 4. The taking of cognizance and issuance of process to the petitioner herein is, thus, without application of mind and without passing a speaking order as is mandated by law. 5. For the aforesaid reasons, this petition is allowed and order dated 14.05.2019 passed by the learned Judicial Magistrate First Class (Munsiff), Jammu is quashed. 6. The Magistrate concerned is directed to consider the matter afresh and pass an appropriate speaking order indicating clearly as to whether the offences alleged are made out and that the presence of the respondent is required to proceed further in the matter. 7. A copy of this order shall be sent to the Magistrate concerned, who after putting the complainant to notice and after hearing the respondent herein, shall proceed in the matter. (Sanjeev Kumar) Judge JAMMU 20.02.2026 Manik