69 Supplementary IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CRM(M) 762/2025 CrlM(1914/2025) RAFIQ AHMAD MIR AND ANR ….. Petitioner (s) Through: Mr. Sheikh Manzoor, Advocate. V/s KHAZIR MOHAMMAD MIR AND ANR. ….. Respondent(s) Through: Coram: Hon’ble Mr. Justice Sanjay Dhar, Judge ORDER 05.12.2025 1. The petitioners, through the medium of present petition, have challenged order dated 03.11.2025 passed by learned Principal Sessions Judge, Kupwara whereby the learned Sessions Judge, has entertained the revision petition filed by the respondents against order dated 04.10.2025 passed by the learned Additional District Magistrate, Kupwara in exercise of his powers under Section 165 of BNSS. 2. Vide the impugned order, the learned Sessions Judge has stayed the order passed by the learned Additional District Magistrate and has further directed the parties to maintain status quo on spot. Notice has also been issued to petitioners herein and they have been given liberty to them to seek modification/reversal/vacation P a g e | 2 CRM(M) 762/2025 CrlM(1914/2025 of the order even prior to the date fixed which is 25.11.2025. The petitioners instead of approaching the learned revisional court for seeking modification/reversal/vacation of the impugned order, have rushed to this Court and invoked its jurisdiction under Section 528 of BNSS. 3. It is a settled law that in a case where a litigant has an alternative and efficacious remedy available to him, this Court would be reluctant in entertain a petition under Section 528 of BNSS. 4. In view of the above, the present petition is held to be not maintainable and the petitioners are given liberty to approach the learned revisional court with an application for modification/reversal/vacation of the impugned order dated 03.11.2025. In case the petitioners make any such before the learned revisional court, the same shall be considered on its merits most expeditiously preferably within a period of 15 days from the date the petitioners approach the learned revisional court. (Sanjay Dhar) Judge SRINAGAR 05.12.2025 Aasif