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2026 DAILYLAW 1318 (JK)

SHAHNAWAZ AMIN WANI v. UNION TERRITORY OF JAMMU AND KASHMIR (HOME) AND OTHERS

CRM(M)/351/2026 · 2026-05-29

Sanjay Parihar

body2026

Judgment text

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S. No. 10 Regular Cause List IN THE HIGH COURT 0F JAMMU & KASHMIR AND LADAKH AT SRINAGAR CRM(M) 351/2026 CrlM(809/2026) SHAHNAWAZ AMIN WANI …Appellant(s)/Petitioner(s) Through: Mr. Adil Rashid Bhat, advocate Vs. UT of JK and others ...Respondent(s) Through: CORAM: HON’BLE MR. JUSTICE SANJAY PARIHAR, JUDGE ORDER 29.05.2026 1. After hearing learned counsel for the petitioner at length, it is fairly conceded that the petitioner has already availed the remedy available under Section 175 of the Bharatiya Nagarik Suraksha Sanhita, 2023, by approaching the learned Magistrate seeking registration of an FIR. It is submitted that, pursuant thereto, the learned Magistrate, vide order dated 30.04.2026, has called for a report from the SHO, Police Station Khanyar, in respect of the complaint lodged by the petitioner. 2. It is further submitted that the proceedings before the learned Magistrate stand adjourned to 30.05.2026. Learned counsel for the petitioner, however, contends that the petitioner is facing a threat to his life and liberty. 3. Having considered the submissions made and keeping in view the fact that the petitioner has already invoked the statutory remedy available under law, this Court is of the opinion that no further orders are required to be passed in the present petition. The petitioner shall be at liberty to pursue and agitate all available grounds before the learned Magistrate in accordance with law. -2- 4. The learned Magistrate shall, however, ensure that the proceedings arising out of the petitioner's application under Section 175(3) BNSS are considered and disposed of expeditiously and strictly in accordance with law. 5. Accordingly, the petition is disposed of along with all connected applications. Let a copy of this order be furnished to learned counsel for the petitioner under the seal and signature of the Bench Secretary. (SANJAY PARIHAR) JUDGE Srinagar 29.05.2026 “Imtiyaz” Imtiyaz Ul Gani I attest to the accuracy and authenticity of this document 30.05.2026 16:08