HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CRM(M) No. 64/2021 CM No. 239/2021 Puran Chand, Age 40 years S/O Chuni Lal R/O Village Uchapind Tehsil Ramkot, District Kathua …..Appellant(s)/Petitioner(s) Through: Mr. Rahul Aggarwal, Advocate. Vs Narain Dutt S/O Bhagat Ram R/O Village Lakhri Tehsil Ramkot, District Kathua .…. Respondent(s) Through: Mr. Navyug Sethi, Advocate. CORAM: HON’BLE MR. JUSTICE VINOD CHATTERJI KOUL, JUDGE ORDER (10.10.2025) 01. Learned counsel for the petitioner submits that the process issued and cognizance taken by the learned Judicial Magistrate 1st Class, Billawar (for short, “the trial Court”) is required to be set-aside because the learned trial Court has not proceeded in accordance with law while recording the statement of the complainant. 02. On the other hand, the learned counsel for the respondent also submits that the learned trial Court ought to have recorded the statement of the complainant on oath as is required under the law before proceeding further in the complaint, therefore, the order is bad in the eyes of law and is required to be set aside. Sr. No. 42 2 CRM(M) No. 64/2021 03. In view of the fact that the learned trial Court while proceeding in the case, has not recorded the statement of the complainant on oath and has not proceeded in accordance with law, thus, the order passed by the trial Court is required to be set-aside and, accordingly, the same is set-aside. The case is remanded back to the learned trial Court with a direction to proceed in the matter strictly in accordance with the provisions of law. Complainant to appear before the trial court on 10.11.2025. 04. Disposed of in the aforesaid terms. (Vinod Chatterji Koul) Judge JAMMU 10.10.2025 Bunty Bunty Kumar 2025.10.13 15:00 I attest to the accuracy and integrity of this document Jammu