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2026 DAILYLAW 1170 (JK)

MOHAMMAD IQBAL GANIE v. NASIR -UL-BILAL

CRM(M)/344/2026 · 2026-05-22

Sanjay Parihar

body2026

Judgment text

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S. No. 40 Suppl Cause List-1 INTHE HIGH COURT 0F JAMMU & KASHMIR AND LADAKH AT SRINAGAR CrlM(790/2026) IN CRM(M) 344/2026 CrlM(791/2026) MOHAMMAD IQBAL GANIE …Appellant(s)/Petitioner(s) Through: Mr. Hilal A Wani, Advocate Vs. NASIR -UL-BILAL ...Respondent(s) Through: CORAM: HON’BLE MR. JUSTICE SANJAY PARIHAR, JUDGE ORDER 22.05.2026 CrLM(790/2026) For the reasons stated in the application the same is allowed and the requirement for placing on record the certified copy of order dated 15.05.2026, passed by the Ld. Court of Additional Sessions Judge, Handwara is dispensed with for the time being. The applicants/petitioner shall file the same within two weeks. CrLM is disposed of. CRM(M) 344/2026 CrLM(791/2026) 1. The petitioner claims to have filed an application before the Court of the Chief Judicial Magistrate, Handwara, seeking release of vehicle bearing registration No. JK13J-2307, which is stated to have been seized in terms of order dated 05.05.2026. The vehicle was temporarily released on superdari in favour of the complainant-petitioner. The said order is stated to have been challenged by the respondent, who claims to be the registered owner of the vehicle. 2. The Revisional Court, vide impugned order dated 15.05.2026, stayed the release of the vehicle and directed that the order of the Trial Court be kept in abeyance. The concerned police station was further directed to take possession of the released vehicle from the present petitioner. The revision petition is still pending adjudication. 3. Having regard to the nature of the controversy, the counsel for the petitioner fairly conceded that he has adequate opportunity to contest the revision petition and that all pleas available to him can be raised before the said forum. He, however, seeks a direction to the Revisional Court for expeditious disposal of the revision petition. 4. Having regard to the innocuous prayer made, the present petition is disposed of by granting liberty to the petitioner to appear before the Revisional Court and contest the revision on merits by raising all pleas which have been urged before this Court. The Revisional Court is well advised to dispose of the revision petition expeditiously, since the question of custody of the vehicle is involved and, in the event the vehicle remains in police custody, the same is likely to suffer damage and deteriorate into junk with the passage of time. 5. Accordingly, the Revisional Court shall make every endeavour to dispose of the revision petition within a period of one month. 6. The petition stands disposed of along with connected CrLM(s). (SANJAY PARIHAR) JUDGE Srinagar 22.05.2026 “Imtiyaz” Imtiyaz Ul Gani I attest to the accuracy and authenticity of this document 22.05.2026 18:04