1 72 Regular IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CRM(M) 286/2025 CrlM(670/2025) Mairaj Ud Din Paala. ….. Petitioner (s) Through: Mr. Usman Gani, Adv. V/s Manzoor Coles India. ….. Respondent(s) Through: Mr. Iqbal Ahmad, Adv. Coram: Hon’ble Mr. Justice Sanjay Dhar, Judge ORDER 18.11.2025 1. In the present petition, notice was issued to the respondent to the limited extent of legality of orders dated 22-11-2024, 15-02-2025, 17- 03-2025 and 05-05-2025, while issuing notice to the respondent was observed by this Court that it was not open to the Trial Magistrate to issue warrants of arrest against the petitioner and declare him a proclaimed offender without allowing the Collector to adopt the procedure for recovery of the amount due in terms of the Land Revenue Act, but the learned Magistrate has proceeded to resort to the mechanism provided under Section 421(1) of the CrPC. 2. Today learned counsel for the respondent appeared and conceded to the suggestion that the orders dated 22-11-2024, 15-02-2025, 17-03- 2025 and 05-05-2025, passed by learned Trial Magistrate, the said Magistrate can be set aside and the learned Magistrate may be permitted to proceed ahead in the matter in accordance with the provisions contained under Section 421 CrPC, which corresponds to Section 461 of BNSS, read with Chapter VII of the Jammu and Kashmir Land Revenue Act. 3. The petition is, accordingly, disposed of by setting aside orders dated 22-11-2024, 15-02-2025, 17-03-2025 and 05-05-2025, and directing learned Trial Magistrate to proceed against the petitioner in accordance with the provisions contained under Section 421 CrPC which corresponds to Section 461 of BNSS. (Sanjay Dhar) Judge SRINAGAR 18.11.2025 Sarvar