133 Suppl HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CRM (M) 438/2025 CrlM (1056/2025) Bashir Ahmad Baghat. ….. Petitioner (s) Through: Mr. Sheikh Hilal, Adv. V/s SHO Police Station Budgam and Anr. ….. Respondent(s) Through: Coram: Hon’ble Mr. Justice Sanjay Dhar, Judge ORDER(ORAL) 30.07.2025 1. Through the medium of present petition, the petitioner has challenged proceedings under Section 107 of BNSS initiated by respondent No. 1-SHO Police Station, Budgam against him. 2. Heard and considered. 3. It appears that a charge sheet for offence under Section 303(2) of BNS read with Sections 317, 238 of BNS has been filed against the petitioner in respect of FIR No. 476/2024 of Police Station, Budgam before the Court of learned Judicial Magistrate, 1st Class, Budgam. It also appears that during pendency of the said challan respondent No. 1 has proceeded to initiate an enquiry with a view to proceed against the petitioner in terms of Section 107 of BNSS. 4. The record reveals that the petitioner approached the learned Trial Magistrate by way of an application alleging therein that he is being harassed by the investigating officer even though the challan against him has already been laid before the court. 5. Reply came to be filed by respondent No. 1 before the learned Trial Magistrate in which it has been submitted that an enquiry has been initiated to verify whether the petitioner has acquired any property from the proceeds of the crime which is subject matter of the challan pending against him. The learned Trial Magistrate, however, has not passed any order on the said application as yet. 6. Having regard to the fact that no order has been passed against the petitioner by the learned Trial Magistrate in respect of enquiry with regard to proceedings under Section 107 of BNSS and not even a complaint has been laid against the petitioner for initiating proceedings against him under Section 107 of BNSS, the petition appears to be pre-mature and is dismissed accordingly. However, the respondent- investigating agency is directed not to harass the petitioner unnecessarily in connection with enquiry, if any, pending against him. (Sanjay Dhar) Judge SRINAGAR 30.07.2025 Sarvar