Serial No. 98 REGULAR LIST IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CRM(M) 123/2026 KHALID AHMAD WANI …Petitioner/Appellant(s) Through: None Vs. SAJAD AHMAD PARRAY ...Respondent(s) Through: Mr. Lone Altaf, Advocate CORAM: HON’BLE MR. JUSTICE MOHD YOUSUF WANI, JUDGE ORDER 30.06.2026 1. Learned counsel for the respondent (complainant before the learned Trial Magistrate) Mr. Lone Altaf, Advocate frankly concedes that the learned Trial Magistrate was required under the law to have recourse to the provisions of Section 225 of the BNSS before passing the cognizance order dated 08.05.2025. 2. It is submitted by the learned counsel that he has got no objection in case the impugned order is set aside and the learned Trial Magistrate is directed to proceed afresh on the complaint of the respondent/complainant in accordance with the law. The statement of the learned counsel for the respondent/complainant is taken on record. 3. The omission of the learned Trial Court frankly conceded by the learned counsel for the respondent/complainant also appears to be made out from the perusal of the petition and the copies of the documents annexed therewith. 4. The instant petition is, accordingly, allowed and the impugned cognizance order dated 08.05.2025 is set aside with the direction to the learned Trial Magistrate to proceed afresh on the complaint. Since the petitioner/accused is unrepresented in the matter on today, as such the learned Trial Magistrate is directed to issue notice to him in the complaint before proceeding on the same afresh as directed. 5. The interim direction regarding staying of the proceedings on the trial complaint dated 23.03.2026 shall stand vacated. However, the learned Magistrate is expected to proceed on the complaint expeditiously. A copy of this order shall be forwarded to the learned Trial Magistrate for information and compliance. 6. Disposed of. (MOHD YOUSUF WANI) JUDGE SRINAGAR: 30.06.2026 Akhil Dev