SHUGUFTA NAZIR AND ANR. v. MAQSOOD AHMAD DAR AND ORS.
CRM(M)/359/2025 · 2025-07-01
Sanjay Dhar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 7942 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 7942 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
66 Supp
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
CRM (M) No. 359/2025 CrlM No. 852/2025 Shugufta Nazir and anr.
….. Petitioner (s) Through: Mr. Waseem Shamas, Adv.
V/s
Maqsood Ahmad Dar and Ors.
….. Respondent(s)
Through:
Coram:
Hon’ble Mr. Justice Sanjay Dhar, Judge
ORDER 01.07.2025
The petitioners, through the medium of present petition are challenging order dated 15.05.2025 passed by the learned Judicial Magistrate, 1st Class, Sumbal whereby the application of the petitioners under Section 12 of the Protection of Women from Domestic Violence Act has been dismissed. The order impugned is appealable in nature in terms of Section 29 of the protection of Women from Domestic Violence Act. The petitioners, without availing appropriate and efficacious remedy of appeal, have rushed to this Court by invoking its jurisdiction under Section 528 of the BNSSS. It is a settled law that in a case where a litigant has alternative remedy of appeal available to him/her, the High Court would be reluctant in entertaining a petition under Section 528 of BNSS.
In view of the above, the petition is held to be not maintainable and is dismissed as such, leaving it open to the petitioners to challenge the impugned order by way of appeal before the learned Sessions Judge.
(Sanjay Dhar)
Judge
SRINAGAR 01.07.2025 Aasif