CRM(M) No.763/2025 1 | P a g e IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CRM(M) No.763/2025 MST HANEEFA ...PETITIONER/APPELLANT(S) Through: -Mr.Saqib Amin Parray, Advocate Vs. UT OF J&K AND ORS ...RESPONDENT(S) Through: -None. CORAM: HON’BLE Mr. JUSTICE SANJAY DHAR, JUDGE ORDER 05.12.2025 1) The petitioner through the medium of present petition, has challenged order dated 02.12.2025, passed by respondent No.2, District Magistrate Anantnag in exercise of his powers under Section 164 of BNSS. Vide the impugned order, respondent No.2 has passed the preliminary order under Section 164 of BNSS and directed attachment of the property, which is subject matter of the impugned order. 2) The order impugned substantially affects the rights of the parties and, as such, same does not qualify to be an ‘interlocutory order’. The said order is revisable in nature and can be put to challenge by the aggrieved party by filing a revision petition before the Court of Sessions in terms of Section 438 of BNSS. The Supreme Court in the case of Sr. No.70 Suppl.1 List CRM(M) No.763/2025 2 | P a g e Gian Singh vs. State of Punjab and another, AIR 2012 Vol.(12) SCC 5333, has held that power under Section 482 Cr.P.C has not to be resorted to if there is a specific provision in the code for redressal of the grievance of the aggrieved party. A similar view has been taken by the Supreme Court in the case of Mohit @ Sonu Vs. State of U.P AIR 2013 Supreme Court 2248. 3) In view of the aforesaid established legal position, this Court is of the considered opinion that it is not open to the petitioner to invoke jurisdiction of this Court under Section 528 of BNSS for challenging the impugned order passed under Section 164 of BNSS, as the said order is revisable in nature. Therefore, present petition under Section 528 of BNSS, challenging the impugned order, cannot be entertained. 4) Accordingly, the petition is dismissed as being not maintainable, leaving it open to the petitioner to approach the concerned Sessions Court by way of a revision petition. (SANJAY DHAR) JUDGE SRINAGAR 05.12.2025 Sarveeda Whether the order is reportable: Yes/No Sarveeda Nissar I attest to the accuracy and authenticity of this document every page at bottom left side 08.12.2025 11:38