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2026 DAILYLAW 2656 (JK)

TARIQ AHMAD KHAN AND ANOTHER v. UNION TERRITORY THROUGH POLICE STATION KUPWARA AND ANOTHER

CRM(M)/651/2026 · 2026-08-21

Shahzad Azeem

body2026

Judgment text

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Serial No. 96 Supplementary-1 Cause List HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CrlM No. 1489/2026 CRM (M) No. 651/2026 CrlM No. 1490/2026 Tariq Ahmad Khan & Anr. … Petitioner(s) Through: - Mr Mohammad Umar Mir, Advocate. V/s Union Territory of J&K and Anr. … Respondent(s) CORAM: HON’BLE MR JUSTICE SHAHZAD AZEEM, JUDGE. (ORDER) 21.08.2026 01. The Petitioners have invoked the extraordinary jurisdiction of this Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 [BNSS] seeking quashing of FIR No. 228/2026 dated 27th of July, 2026 registered at Police Station Kupwara allegedly for the commission of offences punishable under Sections 19 (3), 74, 109, 126 (2), 35 (2) and 329 (3) of the Bharatiya Nyaya Sanhita, 2023 [BNS]. 02. The principal ground of challenge is that there is a dispute between the parties which is germane to the lodging of the impugned FIR, whereas, the Petitioners are not involved in the commission of alleged offences. 03. Admittedly, the investigation into the impugned FIR is at initial stage and the requisite material is yet to be collected. Therefore, keeping in view the nature of offences, it is not advisable to interfere into the investigation which is the statutory functioning of the Investigating Officer. Besides that, there is no exceptional ground made out which would warrant interference by this Court at this stage. 04. In view of above, the instant Petition is found to be misconceived and devoid of merit. Accordingly, the same is dismissed in limine, along with the connected CrlM. (SHAHZAD AZEEM) JUDGE SRINAGAR August 21st, 2026 “TAHIR” Tahir Manzoor Bhat I attest to the accuracy and authenticity of this document