GHULAM NABI v. U T OF J AND K TH COMMISSIONER SECRETARY HOME DEPTT AND OTHERS
CRM(M)/56/2023 · 2026-02-03
Rajesh Sekhri
body2023
DailyLaw.ai
[ 2023 DAILYLAW 865 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2023 DAILYLAW 865 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
CRM(M) No. 56/2023 c/w CRM(M) No. 171/2023
Ghulam Nabi
….. Petitioner(s)/ Appellant(s)
Through: Mr. M. Tariq Mughal, Advocate q
vs
UT of J&K and Ors. .…. Respondent(s)
Through: Mr. Rupak Ratta, Advocate
Coram: HON’BLE MR. JUSTICE RAJESH SEKHRI, JUDGE
ORDER 03.02.2026
01. Since both the petitions arise out of same complaint pending on the files of learned Judicial Magistrate, Thanna Mandi, Rajouri, they are being
disposed of by virtue of this common order.
02. Petitioner is aggrieved of complaint dated 31.08.2022, filed in the Court of learned Judicial Magistrate, Thanna Mandi, Rajouri and police report dated 27.10.2022, primarily on the ground that procedure adopted by learned Magistrate with respect to non-cognizable offence is unknown to law.
03. Mr. Rupak Ratta, learned counsel for private respondent No.5, complainant, has fairly conceded the legal position and has no objection to the quashment of impugned complaint and also police report subject, however, to the liberty to proceed in accordance with law. Statement of
learned counsel for respondent No.5 is taken on record. Sr. No. 15
2 CRM(M) No. 56/2023 c/w CRM(M) No. 171/2023
04. In view of admission on the part of learned counsel for the complainant, present petition is allowed. As a consequence, impugned complaint titled “State Vs. Gulab Nabi and Anr.” is quashed. However, petitioner shall be at liberty to avail appropriate remedy in accordance with law.
05. Both the petitions are disposed of along with connected CM(s).
06. Interim direction, if any, shall stand vacated.
(Rajesh Sekhri)
Judge
Jammu 03.02.2026 Riya Kochhar