Serial No. 136 Suppl Cause List. HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CRM(M) 441/2025 CrlM(1062/2025). MOHAMMAD SHAFI MIR AND ORS. …Petitioner (s) Through: Mr. Bhat Khursheed, Advocate. VERSUS SR. SUPERINTENDENT OF POLICE HANDWARA AND ORS. …Respondent(s) CORAM: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE. ORDER 30.07.2025 01. The petitioners have challenged FIR No. 58/2024 for commission of offences under Section 191(2), 115 (2), 126 (2) BNS registered with Police Station Villgam, Handwara. Challenge has also been thrown to the charge-sheet emanating from the aforesaid FIR, which is stated to be pending before the Court of Judicial Magistrate 1st Class, Handwara. 02. As per the prosecution case, on 08.10.2024 a written report was lodged by the complainant alleging therein that the petitioners launched an attack upon his son while he was proceeding towards his shop. It has further alleged that the petitioner caught hold of the victim in the street and thereafter launched a murderous assault upon him. After investigation of the case, aforesaid allegations were substantiated by the material collected and, as such, the offences under Section 191 (2), 115(2) and 126 (2) of BNS stood established against the petitioners and the challan was laid before the learned trial court. 03. The petitioners have challenged the impugned FIR and the challan on the grounds that petitioner Nos. 1 to 4 are young boys and that their career is at stake being students. It has been further contended that petitioner No.2 is a juvenile and, as such, he cannot be tried before the normal criminal court. It has been also contended that the petitioners have been falsely implicated in the impugned FIR. 04. Heard and considered. 05. So far as the allegations made in the impugned FIR are concerned, the same clearly disclose commission of cognizable offences. The Investigating Agency, during investigation of the case, has collected the material which supports the aforesaid allegations. The question whether or not the petitioners have been falsely implicated in the case is a matter which can be determined only after trial of the case. This Court at this stage and in these circumstances cannot hold a mini-trial to ascertain the veracity of the allegations and the charges levelled by the investigating agency against the petitioners. 06. So far as the contention of the petitioners that petitioner No.2 is a juvenile and as such cannot be tried by the normal criminal court is concerned, it is open to the said petitioner to raise the plea of juvenility before the learned trial court. If and when such a plea is raised by petitioner No.2 before the trial court, the same shall be enquired into and thereafter appropriate orders shall be passed by the trial court. 07. For the foregoing reasons, I do not find any merit in the present petition, as such, the same is dismissed. (Sanjay Dhar) Judge SRINAGAR 30.07.2025 Showkat Khan