RIYAZ AHMED GEELANI v. UNION TERRITORY THROUGH POLICE STATION HANDWARA AND ANR. (POLICE / HOME)
CRM(M)/507/2025 · 2025-08-27
Javed Iqbal Wani
body2025
DailyLaw.ai
[ 2025 DAILYLAW 8806 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 8806 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
S. No. 108 Suppli. list
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
CRM(M)/507/2025
Riyaz Ahmad Geelani
…Petitioner(s)
Through: Mr. Z A Qureshi, Sr. Adv with Ms. Rehana Fayaz, Adv.
Vs
UT Th. Police Station Handwara and Anr.
...Respondent(s)
Through: Mr. Mohsin Qadri, Sr. AAG. Mr. Faheem Shah, GA.
CORAM:
HON’BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE
ORDER 27.08.2025
1. The petitioner herein is aggrieved of order dated 12-08-2025 passed by the court of Additional Sessions Judge, Handwara in case titled UT of JK vs. Riyaz Ahmad Geelani upon an application filed by the police for further investigation in connection with a charge sheet pending before the said court arising out of FIR No. 15/2025 for offences under Section 68, 89, 351 (2) BNS of Police Station Handwara.
2. Learned counsel for the petitioner would submit that although the power of the police under Section 173(8) CrPC now Section 193(9) BNSS is unrestricted, yet it is appropriate on the part of the investigating officer to inform the court about the same and such further investigation can be sought and ordered if the circumstances so warrant and only upon detection of material evidence connected with the case.
3. Learned counsel for the petitioner would submit that the Trail Court, however, in a mechanical manner, without considering the application in its right perspective and also without deriving satisfaction thereof had ordered further investigation only on the basis of report obtained from the office recorded in the said application without even indicating or making a reference therein the order, the circumstances pointed out by the investigation agency or else the material evidence collected thereof. Heard learned counsel for the petitioner and perused the record.
4. Upon a bare perusal of the impugned order, there appears to be a substance in the submissions of the counsel for the petitioner in that the matter seemingly has not received appropriate consideration by the Trail Court.
5. Under these circumstances the matter is directed to be revisited and reconsidered by the Trail Court a fresh in accordance with law.
6. The impugned order in view of the above thus, shall be deemed to have been set aside.
7. Disposed of.
(JAVED IQBAL WANI)
JUDGE SRINAGAR 27.08.2025 Sarvar