Serial No. 36 Reg Cause List. HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CRM(M) 356/2023 CrlM(856/2023) CrlM(933/2023). PANKAJ JAIN. …Petitioner (s) Through: Mr. Jehangir Iqbal Ganai, Senior Advocate with Mr. Murfaad Naseem, Advocate. VERSUS UNION TERRITORY OF J AND K AND ORS. Through: Mr. Shoeb Alam, Senior Advocate with Mr. Salih Pirzada, Advocate. Mr. Ujjwal Singh, Advocate. …Respondent(s) CORAM: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE. ORDER 12-11-2025 01. Through the medium of the present petition, the petitioner has assailed FIR No. 69 of 2019 registered at Police Station Anantnag for offences under Sections 420, 467, and 468 of the Ranbir Penal Code (RPC), as well as the final report/ challan filed against him, which is stated to be pending before the Court of the learned Chief Judicial Magistrate, Anantnag. 02. It appears that during the pendency of this petition, pursuant to the directions passed by this Court in WP (C) No. 2322 of 2019, whereby the respondent- Investigating Agency was directed to undertake further investigation into the matter, a Supplementary Final Report has been filed by the said agency before the learned Magistrate. Though, the petitioner was impleaded as an accused in the initial charge sheet filed by the Investigating Agency before the learned Magistrate, yet the report with regard to the further investigation/ supplementary report indicates that the petitioner has been exonerated of the allegations by giving him the benefit of Section 169 of the J&K Code of Criminal Procedure. 03. Learned Senior Counsel appearing for the complainant, Vikram Bharadwaj, has contended that the scope of further investigation, in terms of the directions passed by this Court in WP (C) No. 2322 of 2019, was limited to the role of the complainants/plaintiffs/lawyers, who had filed false complaints/cases before various courts, with a further mandate that appropriate action was to be taken against those found actively involved with the main accused, namely Ajay Agarwal and Pankaj Jain, (the petitioner herein). It is being contended that the investigating agency, instead of adhering to the aforesaid directions, has exonerated the main accused itself, namely Sh. Pankaj Jail, (the petitioner herein). 04. On the other hand, learned Senior Counsel for the petitioner has contended that even on merits, no case is made out against the petitioner, inasmuch as the transaction which forms the subject matter of investigation, insofar as it relates to the petitioner, is purely of a civil nature, and therefore, no criminal offence is made against the petitioner. It is being submitted that it is only on account of these facts that the Investigating Agency has rightly exonerated the petitioner. 05. Without going into the merits of the rival contentions raised by the learned Senior Counsels appearing for the parties, this Court feels it appropriate to leave it to the learned Chief Judicial Magistrate, Anantnag, to take a call on this aspect of the matter at the time of considering the charge-sheet/final report including the Supplementary Charge sheet that has been laid by the Investigating Agency before the said court. 06. Accordingly, the petition is disposed of with a direction to the learned Chief Judicial Magistrate, Anantnag, to consider the report of the Investigating Agency, including the Supplementary final report filed before the said Court, and to pass appropriate orders in accordance with law. It shall be open to the petitioner, as well as to the complainant, Vikram Bharadwaj, to make their respective submissions before the learned Chief Judicial Magistrate, Anantnag, in support of their rival stands in the matter. The learned Chief Judicial Magistrate, Anantnag, shall take a decision thereon strictly in accordance with law. 07. Disposed of. 08. A copy of this order be furnished to learned Chief Judicial Magistrate, Anantnag, for information. (Sanjay Dhar) Judge SRINAGAR 12-11-2025 Showkat Khan