Serial No. 39 Regular Cause List. HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR ******* CRM(M) 174/2023 CrlM(428/2023). NAVEEN RATHORE AND ORS. …Petitioner (s) Through: Mr. Junaid Rashid, Advocate. VERSUS TUFAIL KHAN. Through: Mr. Mujeeb Andrabi, Advocate. …Respondent(s) CORAM: HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE. ORDER 31-08-2026 1. The application titled “Tufail Ahmad Khan versus Naveen Rathore & Ors” came to be preferred by the respondents under Section 156(3) Cr.P.C. for registration of FIR, on 25th of October, 2022 against the petitioners and others. 2. The learned 3rd Additional Munsiff, Judicial Magistrate 1st Class, Srinagar, in terms of order dated 25th of October, 2022, instead of directing registration of FIR against the accused persons, proceeded in terms of Section 202 Cr.P.C. and directed the concerned SHO to investigate the matter and submit his report. 3. Accordingly, the report was submitted and, in terms of order dated 20th of December, 2022, the learned Trial Court issued process against the petitioners and others for commission of offence under Section 420 IPC. 4. This Court has examined the record of the Trial Court and has not come across any statement of the complainant or any witness recorded by the learned Trial Court in support of the complaint in terms of Section 200 Cr.P.C. 5. In the absence of the statement of the complainant or any witness, the learned Trial Court could not have postponed the issuance of process and referred the matter for investigation in terms of Section 202 Cr.P.C. 6. The glaring illegality has been committed by the learned Trial Court. As such, order dated 25th of October, 2022, as also order dated 20th of December, 2022, are quashed. 7. The matter is remanded to the learned Trial Court to proceed afresh in accordance with law. 8. Disposed of along with CrlM 9. A copy of this order be furnished to the learned trial court for information and compliance. (Rajnesh Oswal) Judge SRINAGAR 31-08-2026 Showkat Khan