Extracted from the PDF above. The PDF is authoritative.
67 Supplementary
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
CRM(M) 294/2026 CrlM(688/2026))
MIR MOHAMMAD AMIN
….. Petitioner(s)
Through: None.
V/s ISFAQ REHMAN BHAT
….. Respondent(s)
Through:
Coram:
Hon’ble Mr. Justice Sanjay Dhar, Judge
ORDER 12.05.2026
The petitioner, has invoked jurisdiction of this Court, under Section 528 of the BNSS, seeking restoration of the complaint filed by him which has been dismissed for non-prosecution in terms of order dated 19.02.2026 passed by the learned trial court.
Nobody has appeared on behalf of the petitioner despite the matter having been called out twice.
A perusal of the impugned order passed by the learned trial Magistrate would reveal that that the respondent/accused has been acquitted of the charges. Such an order is appealable in nature after seeking leave of this Court.
The petition under Section 528 of BNSS in a case where a litigant has an alternate and efficacious remedy cannot be entertained. The petition is, therefore, dismissed leaving it open to the petitioner to avail the appropriate remedy.
(Sanjay Dhar)
Judge
SRINAGAR 12.05.2026 Aasif