S. No.11 Regular List IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) No.1035/2026 CMNo.(2708/2026) NISAR AHMAD ITOO …..Petitioner(s) Through: Ms Saima Mehboob, Advocate. V/s UNION TERRITORY OF J AND K AND ANOTHER … ..Respondent(s) Through : None CORAM: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE ORDER 11 .05.2026 1. The petitioner has filed the present writ petition seeking a direction upon respondent No.1 commanding the said respondent to release his original service book in favour of Executive Engineer, Irrigation Division Udhampur/Hydrulic Division, Ramban Jammu, so that necessary entries are made therein. 2. Heard and Considered. 3. It seems that the petitioner has been impleaded as an accused in FIR No.08/2017 for offences under Section 5(1)(d) r/w 5(2) of J&K PC Act and during investigation of the said FIR, his service book has been seized by respondent No.1/Investigating Agency. It also appears that the petitioner has challenged the said FIR by way of a petition bearing CRM(M) WP(C) No.1035/2026 Page 2 of 2 No.213/2021 before this Court and the said petition is stated to be pending. 4. The seized service book of the petitioner being case property, its release has to be considered by the competent Magistrate/Court in exercise of its powers under Section 523 J&K Cr.PC or 516-A of the Cr.PC. If the proceedings in the FIR have been stayed by this Court, then the petitioner ought to have filed an interim application in the pending petition whereby he has challenged the FIR. Instead of doing so, the petitioner has invoked the writ jurisdiction of this Court, which in the aforesaid circumstances cannot be exercised in the presence of alternate and efficacious remedy available to the petitioner. 5. For the foregoing reasons, the petition is dismissed, leaving it open to the petitioner to avail the appropriate remedy available under law. (SANJAY DHAR) JUDGE SRINAGAR 11.05.2026 Sarveeda Nissar Sarveeda Nissar I attest to the accuracy and authenticity of this document every page at bottom left side 12.05.2026 17:59