CRM(M) No. 413/2025 Serial No. 02 Regular List IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR. CRM(M) No. 413/2025 CrlM No. 990/2025 Ghulam Nabi Mir. ….. Petitioner(s) Through: - Mr. Javeed Ahmad Parray, Advocate. V/s Union Territory of J&K & Ors. ….. Respondent(s) Through: - CORAM: HON’BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE ORDER 05.08.2025. 1. Petitioner in the instant petition has called in question the order dated 23rd August, 2022 (for short “impugned order”), passed by the court of learned Chief Judicial Magistrate, Ganderbal (hereinafter referred the as the “trial court”) in case tiled as “State v. Ghulam Nabi Mir & Ors”, arising out of case FIR No. 38/2014 of Police Station Crime Branch, Kashmir under Sections 34,467, 468, 471, 420 and 511 RPC. 2. The case setup by the petitioner while throwing challenge to the impugned order is that the same is illegal, unlawful and is based on irrelevant consideration, besides suffering from non application of judicial mind and that the court below has acted upon the report of the investigating agency filed under section 173 Cr.Pc, without deriving an independent satisfaction in this regard and instead the court below seems to have acted upon as mouth piece of the prosecution and that the impugned order could not have been passed by the court below by directing the issuance of a lookout CRM(M) No. 413/2025 warrant of arrest against the petitioner and that same has been done in violation of section 82 of Code of Criminal Procedure. Heard learned counsel for the petitioner and perused the record. 3. Record on the file would reveal that a charge sheet arising out of the FIR No. 38/2014 suprahas been laid by the prosecution before the trial court on 23rd August, 2022 in absence of the accused persons, where-after the accused 2 has entered his appearance through counsel and consequently, granted bail to him, whereas, the accused 1-petitoner herein has been found to be not available either in his native village or at his residence as per the report of the prosecution despite the fact that the steps for securing his presence have had been undertaken through the intervention of the Lambardar-Deh, Sarpanch and Chowkidar of the area who had been called upon to ascertain the whereabouts of the accused-petitioner and submit a report thereof. It is also born out from the record that a publication have had as well been made in the newspaper in this regard and that as per the report of the Lambardar, Chokidar and Sarpanch, the accused-petitioner have even having been confirmed by the family members of the accused-petitioner as well and that as per the report of the concerned Inspector of the Crime Branch, Kashmir, the mobile phone of the accused- petitioner had been put on tracking where after Based on the said report of the prosecution being part of the charge sheet, the trial court seemingly has derived its satisfaction and ordered the issuance of warrant of arrest against the petitioner-accused, upon CRM(M) No. 413/2025 being satisfied that the accused-petitioner is absconding and is concealing himself to face the criminal case, and made these circumstances, the trial court cannot be said to committed any illegality while passing the impugned order. 4. Viewed thus, the petition is found to be without any merit and is, accordingly, dismissed. 5. At this stage the counsel for the petitioner would submit that the petitioner would voluntarily surrender before the trial court and simultaneously file an application for recalling of the warrant issued by the trial court for effecting the arrest of the petitioner, besides filing an application for grant of bail and that the trial court be directed to consider the same taking into consideration the valid reasons for his non-appearance and non availability before the trial court. 6. Accordingly, in the event, the petitioner appears before the trial court on 11th August, 2025, and files the aforesaid application, the trial court shall deal with the same in accordance with law uninfluenced by any of the observation(s) made hereinabove. (Javed Iqbal Wani) Judge SRINAGAR 05.08.2025 “Abdul Rashid” Abdul Rashid Ganaie I attest to the accuracy and authenticity of this document :14.08.2025 10:29