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2025 DAILYLAW 8592 (JK)

MUDASIR AHMAD BHAT v. IQRA NAZIR AND ANR.

CRM(M)/465/2025 · 2025-08-18

Javed Iqbal Wani

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Serial No. 10 Regular list IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CRM(M) 465/2025 CrlM (1122/2025) MUDASIR AHMAD BHAT ….. Applicant/petitioner(s) Through: - Mr. Parvaiz Lone, Advocate. V/s IQRA NAZIR AND ANR. ….. Respondent(s) Through: - CORAM: HON’BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE (ORDER) 18.08.2025 1. In the instant petition filed under Section 528 of BNSS, the petitioner herein has challenged order dated 7th November, passed in file No. 1086/2022 in case titled as “Iqra Nazir & Anr. v. Mudasir Ahmad Bhat” by the court of Judicial Magistrate 1st Class, Budgam ( for short “the trial court”) being a maintenance proceedings instituted by the respondents herein against the petitioner under Section 25 of Cr.PC. 2. Upon considering the said proceedings at it threshold, the trial court in terms of the order dated 07.11.2022, directed the non-applicant/petitioner herein to pay an amount of Rs. 3000/- each to the applicants/respondents herein as maintenance per month from the date of institution of the application, i.e., 4th November, 2022. The said order however, was kept subject to the objections from non-applicant/petitioner herein. 3. The petitioner herein being non-applicant before the trial court in the aforesaid maintenance proceedings instead of contesting the said order being subject to objections before the trial court has chosen to maintain the instant petition that too after a gape of more than two years without assigning any plausible reason thereto, thus this Court is not inclined to display indulgence in exercise of powers enshrined under Section 528 of BNSS. 4. Resultantly, the petition fails and is accordingly dismissed. 5. Registry to send down a copy of this order to the trial court for information. (Javed Iqbal Wani) Judge SRINAGAR 18.08.2025 “Abdul Rashid” Abdul Rashid Ganaie I attest to the accuracy and authenticity of this document :26.08.2025 09:57