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2025 DAILYLAW 14992 (JK)

SAJAD AHMAD WANI AND ANR. v. UNION TERRITORY OF J AND K AND ORS. (HOME)

CRM(M)/607/2025 · 2025-10-08

Mohd Yousuf Wani

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Serial No. 112 Supp. Cause List I IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CrlM No. 1501/2025 in CRM (M) No. 607/2025 SAJAD AHMAD WANI AND ANR. …Petitioner/Appellant(s) Through: Mr. Hakim Suhail Ishtiyaq, Adv. Vs. UNION TERRITORY OF J&K AND ORS. ...Respondent(s) Through: CORAM: HON’BLE MR. JUSTICE MOHD YOUSUF WANI, JUDGE. ORDER 08.10.2025 1. Heard. 2. Through the medium of the instant petition filed in terms of the provisions of Section 528 of BNSS, the petitioners seek quashment of FIR No. 25/2023 registered at Police Station Sonmarg, as also the proceedings arising out of the same in the shape of final report/challan pending before the learned Court of Judicial Magistrate 1st Class, Kangan on the main ground that the FIR forming the basis of the criminal case has been registered on false, frivolous and non-factual grounds, which is evident from the statements of the witnesses recorded by the Investigating Officer during investigation of the case. 3. It is submitted by the learned counsel for the petitioners that the criminal case/challan that has originated from the impugned case FIR, being outcome of frivolity and concoction, deserves to be set aside and quashed by this court under its inherent powers flowing from the provisions of Section 528 of BNSS. He further submitted that the registration of the impugned FIR is actuated by mala fides, and the continuance of trial on the basis of said case FIR is violative of the fundamental rights of the petitioners guaranteed under Article 21 of the Constitution of India. 4. Perused the memo of the petition and the copies of documents enclosed with the same, especially the statements recorded during investigation of the case. This court, in the facts and circumstances of the case, is of the considered opinion that the learned trial court is comparatively in the better position to address the issues agitated in the instant petition. 5. Without touching the merits of the case, the instant petition is disposed of at this threshold stage with the direction to the learned trial court to expedite the trial of the pending challan in accordance with the law for the early disposal of the same. 6. Copy of this order shall be forwarded for information and necessary action to the learned trial court. (MOHD YOUSUF WANI) JUDGE SRINAGAR: 08.10.2025 “Sakeena-PS”