MOHAMMAD RAMZAN MIR v. UNION TERRITORY THROUGH POLICE STATION BEMINA AND ARN. (HOME)
CRM(M)/760/2024 · 2025-11-18
Vinod Chatterji Koul
body2025
DailyLaw.ai
[ 2025 DAILYLAW 11246 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 11246 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
S. No. 12 Regular Cause List IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
CRM(M) No. 760/2024 Mohammad Ramzan Mir …Appellant/Petitioner(s) Through: Mr. Sheikh Manzoor, Advocate Vs. Union Territory Through Police Station Bemina and Anr. ...Respondent(s) Through: Mr. Mohsin Qadiri, Sr. AAG with Ms. Maha Majeed, Assisting Counsel CORAM:
HON’BLE MR JUSTICE VINOD CHATTERJI KOUL, JUDGE
O R D E R 18.11.2025
1. Heard learned counsel for the parties.
2. The petitioner has challenged FIR No. 39/2024 registered at Police Station Bemina, Srinagar, for offences under Sections 354-C, 354- D, 500 and 376 IPC, primarily on the ground that the allegations are false and frivolous and pertain to the year 2021, whereas the FIR has been lodged on 07.07.2024. It is, accordingly, urged that the FIR as well as the consequent charge-sheet be quashed.
3. Learned counsel for the respondents submits that the complaint clearly discloses commission of cognizable offences and, therefore, registration of the FIR is justified. It is further submitted that during investigation material has been collected indicating the involvement of the accused, leading to filing of the charge-sheet before the Court of the 2nd Additional District Judge, Srinagar, where the matter is presently pending consideration for charge/discharge.
4. Learned counsel for the petitioner submits that the petitioner has already moved an application under Section 250 BNSS before the Trial Court and the said application is pending adjudication. He further submits that the petitioner shall be satisfied if the Trial Court considers the said application at the stage of
charge/discharge. On this basis, learned counsel seeks disposal of the petition.
5. Having considered the submissions, it is noted that the complaint, prima facie, discloses cognizable offences and no infirmity is made out in the registration of the FIR.
6. The Trial Court shall, therefore, proceed to consider the matter regarding framing of charge/discharge strictly in accordance with law and shall also consider the application filed by the petitioner under Section 250 BNSS.
7. This petition is accordingly disposed of.
(VINOD CHATTERJI KOUL)
JUDGE
SRINAGAR 18.11.2025 Shabroz