HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Case:- CRM(M) No. 19/2025 CrlM No. 39/2025 Anzar Ahmed Mir …..Petitioner(s) Through: Mr. Tanzir Khatana, Advocate. Vs Mohd. Latief .…. Respondent(s) Through: None. Coram: HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE ORDER (03.01.2025) 1. From a perusal of the impugned order dated 09.12.2024 passed by the court of Judicial Magistrate 1st Class, Mendhar, the conduct of the petitioner as an accused in the complaint is self evident that he is taking the trial of the complaint before the criminal court as a matter of his convenience. 2. The learned trial Magistrate, thus, constrained by repeated non-appearances of the petitioner in attending the complaint proceedings was left with no other option but to direct non-bailable warrants against the petitioner to be executed through the SSP Poonch for ensuring the personal appearance of the petitioner. 3. This Court finds no reason to interfere in the discretion and the order passed by the Judicial Magistrate 1st Class, Mendhar. The petitioner in his petition has nowhere stated as to why he is not causing appearance in the trial of the complaint particularly when the complaint is pending adjudication since 2016. Serial No. 34 2 CRM(M) No. 19/2025 4. The court is refraining from making any observation with respect to the mind set with which the petitioner must be taking the pending criminal complaint on account of his status as being once the SHO of the Police Station Mendhar and presently posted in the Vigilance Organization, Anti Corruption Bureau, Jammu. 5. This Court finds no reason to interfere for the sake of quashment of the complaint so pending and, therefore, dismisses the present petition. The petitioner is directed to ensure his personal presence before the Judicial Magistrate 1st Class, Mendhar on the next date of hearing fixed in the case which is said to be 10.02.2025. 6. In the event of the petitioner not appearing in person before the Judicial Magistrate 1st Class, Mendhar on 10.02.2025, then the Judicial Magistrate 1st Class, Mendhar shall be well within his/her discretion to direct issuance of non-bailable warrants against the petitioner for securing his presence in the complaint case. 7. A copy of this order be forwarded to the Judicial Magistrate 1st Class, Mendhar for notice and record sake. 8. In view of the above, the order of the Judicial Magistrate 1st Class, Mendhar directing issuance of non-bailable warrants against the petitioner which was actually meant for appearance on 30.12.2024 shall be deemed to have lapsed. (RAHUL BHARTI) JUDGE JAMMU 03.01.2025 Shivalee Shivalee Khajuria 2025.01.14 12:39 I attest to the accuracy and integrity of this document