HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Case:- CRM(M) No. 753/2026 Prabhu Paul Singh Dutta & Ors. …..Petitioners Through :- Mr. Fahim Ahmed Mir, Advocate vice Mr. R K Kotwal, Advocate v/s UT of J&K & Anr. .....Respondents Through :- Mr. P.D. Singh, Dy. AG for R-1 CORAM: HON’BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE ORDER 22.07.2026 1. After arguing for a while, when learned counsel for the petitioners was confronted with the maintainability of the instant petition wherein the petitioners have called in question FIR No. 0005/2023 dated 08.01.2023, registered at Police Station, Women Cell, Gandhi Nagar, Jammu under Sections 498-A, 323, 304, 354, 354-B, 109 & 506 of Indian Penal Code pursuant to the orders passed by the learned trial court i.e., learned Special Judge, Passenger Tax & Shops Estt. Act, Jammu, by taking recourse to Section 156(3) of the Code of Criminal Procedure. Pursuant thereto, final challan has also been filed by respondent No. 1 before the competent Court. The petitioner after having participated in the proceedings before the learned trial Court and also after presentation of challan/final charge-sheet, has filed the instant petition after a gap of more than 3 years without subjecting any Sr. No. 166 2 CRM(M) No. 753/2026 compelling reasons or cause for invoking the powers of this Court under Section 528 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023 which has to be exercised sparingly, seek withdrawal of the instant petition with liberty to seek appropriate remedy before the competent Court where the challan is pending. 2. The writ petition in the aforesaid backdrop is dismissed as withdrawn with liberty as prayed for. (WASIM SADIQ NARGAL) JUDGE JAMMU 22.07.2026 Sneha