129 Supp HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CRM (M) No. 278/2025 CrlM No. 649/2025 Inayat Hussain Dar ….. Petitioner (s) Through: Mr. Ishfaq Bashir, Adv. V/s Union Territory through Police Station Handwara and anr. ….. Respondent(s) Through: Coram: Hon’ble Mr. Justice Sanjay Dhar, Judge ORDER 27.05.2025 1. The petitioner, through the medium of present petition, has challenged order dated 22.02.2025 passed by the learned Additional Sessions Judge, Handwara as also order dated 03.01.2025 passed by the Judicial Magistrate, 1st Class, Handwara. 2. Vide order dated 03.01.2025, passed by the learned Judicial Magistrate 1st Class, Handwara, the application of the petitioner seeking release of seized vehicle bearing No. JK15B-8373, has been rejected on the ground that the investigation in the FIR in which the vehicle in question has been seized, has been stayed by this Court in terms of order dated 17.12.2024 passed in CRM (M) No. 762/2024. P a g e | 2 CRM (M) No. 278/2025 CrlM No. 649/2025 The aforesaid order has been upheld by the learned Additional Sessions Judge, Handwara vide order dated 22.02.202 3. Heard and considered. 4. It appears that in terms of order dated 17.12.2024, passed by this court in CRM (M) No.762/2024, investigation in the FIR No. 209/2024 for offences under Sections 318(4), 351(2) of BNS registered with Police Station, Handwara, has been stayed at the instance of respondent No. 2. The learned trial Magistrate, while declining to consider the application of the petitioner for release of seized vehicle in the aforesaid FIR, has observed that because of the operation of the aforesaid stay order, the prayer of the petitioner for release of seized vehicle cannot be considered. 5. A perusal of the order dated 17.12.2024, passed in CRM (M) No. 761/2024 reveals that only investigation in the case has been stayed and there is no bar to the learned Magistrate to consider the application for release of the seized property in appropriate cases. 6. In this view of the matter, the petition is disposed of with a direction to the learned Judicial Magistrate 1st Class Handwara to consider the application of the petitioner for release of the vehicle on its own merit after hearing the relevant parties in accordance with law, notwithstanding the interim order dated 17.12.2024 passed in P a g e | 3 CRM (M) No. 278/2025 CrlM No. 649/2025 CRM (M) No.762/2024 and without getting influenced with the observations made by the said court in its order dated 03.01.2025 and the observations made by the learned revisional court in its order dated 22.02.2025. 7. Disposed of as above. (Sanjay Dhar) Judge SRINAGAR 27.05.2025 Aasif