01 Regular HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CRM(M) No. 77/2025 CrlM No. 157/2025 Riyaz Ahmad Geelani ….. Petitioner (s) Through: Mr. Z A Qureshi, Sr. Adv. with Ms. Rehana, Adv. V/s UT through Additional Advocate General and Ors. ….. Respondent(s) Through:Mr. Satinder Singh Kala, AAG Mr. Furqan Yaqoob, GA Coram: Hon’ble Mr. Justice Rahul Bharti, Judge. ORDER 07.03.2025 1. Heard Mr. Z A Qureshi, learned Senior Advocate appearing on behalf of the petitioner and perused the petition and also the annexures therewith. 2. Respondent No. 3-Saima Akbar is a complainant on whose complaint the petitioner came to be booked in an FIR No. 15/2024 and latter on put up for trial under the Police Report (Challan) No. 5/2025 by the Police Station P a g e | 2 CRM(M) No. 77/2025 CrlM No. 157/2025 Handwara for alleged commission of offences under sections 69 (Sexual Intercourse by deceitful means etc), 89 (Causing Marriage without Women’s Consent), 351(2) (Criminal Intimidation) under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. 3. The petitioner, being in custody firstly as an accused and then later on as under-trial w.e.f 11.01.2025 and after having suffered rejection of his bail applications on two occasions from the criminal court below, has came forward invoking inherent jurisdiction of this Court in terms of section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 for seeking quashment of order dated 08.02.2025 passed by the Chief Judicial Magistrate, Handwara whereby the petitioner’s bail application came to suffer dismissal by purported reasoning on the part of the Chief Judicial Magistrate, Handwara as to effect that as the first bail application stood rejected in terms of order dated 25.01.2025 passed by the Judicial Magistrate 1st Class, Handwara so the that filing of second bail application on the part of the P a g e | 3 CRM(M) No. 77/2025 CrlM No. 157/2025 petitioner without involving any substantial circumstantial change in the investigation was misconceived 4. During the pendency of the present matter, an intervening development has come to take place which is that the Police Station Handwara has come forward with the production of final police report (challan No. 05/2025) before the court of Chief Judicial Magistrate, Handwara which is a good enough change of circumstances with respect to the case whereby the petitioner’s bail application, otherwise dismissed in terms of the order, bearing head Note date 08.02.2025 and foot note date 08.02.2024, needs to be set aside with a direction unto the Chief Judicial Magistrate, Handwara that in case if the final police report (challan) is pending adjudication before his court, then to restore and rehear the bail application in light of the final police report (challan) as submitted against the petitioner and to decide the bail application on merits. If the final police report (challan) has been transferred to the Court of Judicial Magistrate 1st Class then to send the bail application to the transferee court for needful adjudication. P a g e | 4 CRM(M) No. 77/2025 CrlM No. 157/2025 5. Accordingly, the petition is disposed of with a direction to the Chief Judicial Magistrate, Handwara to rehear the bail application of the petitioner in light of the final police report (challan) presented in the matter and dispose of the bail application within a period of 15 days from the date a certified copy of this order is made available to him. 6. Before parting with this order, this Court puts a caution for the notice of the Presiding Officer of the court of Chief Judicial Magistrate, Handwara that mistakes obtaining with respect to incorrect mention of dates is an embarrassment to the judicial mind and authority as such like mistakes hint towards non-application of the mind on the part of the judicial officer while hearing and signing the judicial order/s. 7. Disposed of. (Rahul Bharti) Judge SRINAGAR 07.03.2025 Aasif