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2025 DAILYLAW 4867 (JK)

MUBASHIR MAQBOOL MIR TH FATHER MOHD MAQBOOL MIR v. NATIONAL INVESTIGATION AGENCY JAMMU

Crl A(D)/43/2025 · 2025-09-17

Sanjay Parihar, Sanjeev Kumar

body2025

Judgment text

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Crl A (D) No. 43/2025 Mubashir Maqbool Mir .....Applicant(s)/Petitioner(s) Through :- Mr. M Saleem Paray, Advocate v/s National Investigating Agency, Jammu .....Respondent(s) Through :- Mr. Vishal Sharma, DSGI with Mr. Eishaan Dadhichi, CGSC Mr. Sumant Sudan, Advocate CORAM: HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE HON’BLE MR. JUSTICE SANJAY PARIHAR, JUDGE ORDER 17.09.2025 Learned counsel appearing for the appellant fairly submits that in view of the law laid down by a Division Bench of this Court in CrlA (S) No. 13/2022 titled “Ayaz Ahmad & Anr. Vs. UT of J & K”, an appeal under Section 21 of the National Investigating Agency Act, 2008 is not maintainable against an order of framing of charge and, therefore, he prays for leave to withdraw this appeal with liberty to avail remedy of filing a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. His statement is taken on record. In view of the above, the instant appeal is dismissed as withdrawn with liberty as prayed for. (Sanjay Parihar) (Sanjeev Kumar) Judge Judge JAMMU 17.09.2025 Manan Sr. No. 46