Serial No. 159 Suppl. Cause List IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CRM(M) 511/2025 Rukhsana Begum. …Petitioner(s)/Appellant(s). Through: Mr. Wani Manzoor, Advocate Vs. Umar Maqbool Pandith ...Respondent(s) Through: CORAM: HON’BLE MR. JUSTICE MOHD YOUSUF WANI, JUDGE. ORDER 29.08.2025 1. Heard. 2. Through the medium of the instant petition filed under the provisions of Section 528 BNSS, the petitioner seeks the quashment of the order dated 01.08.2025, passed by the Court of learned Chief Judicial Magistrate, Sopore (hereinafter referred to as the ‘Trial Magistrate’ for short), whereby he dismissed the petition of the present petitioner filed under Section 125 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the ‘Code’ for short). 3. The case of the petitioner in nutshell is that her petition was listed before the learned Trial Magistrate on 01.08.2025 which was a Friday. That her counsel, in the afternoon session, went out to offer the congregational prayers, while she herself remained waiting for the said counsel. That unfortunately the learned Magistrate in the meantime took up the case and dismissed the same while observing that there was no representation on the previous date of hearing too. That the impugned order itself reveals that her counsel was present on the date of hearing that intervened immediately prior to August 01, 2025. 4. In the facts and circumstances of the case and having regard to the relief sought, this Court is of the opinion that it may meet the ends of justice in case the petition is disposed of at this threshold stage. Allowing of this petition shall result in the restoration of a petition that was filed by the petitioner for grant of maintenance. The said petition, if restored, is meant to be decided on its merits. 5. Accordingly, the instant petition is allowed and the order dated 01.08.2025 passed by the learned Trial Magistrate is set aside. The dismissed maintenance petition is directed to be restored at its original No. and put to an expeditious trial. 6. Disposed of. 7. (MOHD YOUSUF WANI) JUDGE SRINAGAR: 29.08.2025 “Shahid Manzoor”