Serial No. 208 Suppl. List IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CRM(M) N.698/2026 Oves Ur Rehman …Petitioner(s)/Appellant(s). Through: Mr. R. A Jan, Sr. Advocate with Ms Safa Aziz, Adv. Vs. UT of Jammu and Kashmir and Ors ...Respondent(s). Through: Mr. Mohsin Qadiri, Sr. AAG. CORAM: HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE ORDER 02.09.2026 01. The petitioner through the medium of this petition has impugned the notice dated 25th August, 2026 issued by the respondent no. 1, SHO, Police Station, Panthachowk under Section 179 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), whereby the petitioner was asked to appear before him 28th August, 2026. 02. Mr. R.A. Jan, learned senior counsel appearing for the petitioner submits that no FIR has been registered against the petitioner and, as such, the respondent no. 1 could not have summoned the petitioner in terms of the notice issued under Section 179 BNSS and further that in the reply submitted by the Jammu and Kashmir Bank in response to the e-mail of the petitioner, it is stated that the Jammu and Kashmir Bank, Branch Office Pantha Chowk, has not lodged any compliant against M/S Fuel Automobiles Srinagar in terms of Order dated 1st September, 2026. 03. Mr. Haris Khan, learned Assisting Counsel to Mr. Mohsin Qadiri, learned Sr. AAG, has produced a communication addressed to learned Sr. AAG, wherein it is stated that the officials of the Jammu and Kashmir Bank, Branch Office, Panthachowk have lodged one complaint against M/S Fuel Automobiles Srinagar , which is being enquired into in terms of Section 173 (3) BNSS and during the enquiry 27 number of files have been produced by the official of M/S Fuel Automobiles Srinagar and it is evident from the communication addressed to learned Sr. AAG that no FIR has been registered against the petitioner and once the FIR has not been registered against the petitioner, he could not have been summoned by the respondent no. 1. 04. In terms of Section 173(3), the officer/incharge of the Police Station, may, with the prior permission of an officer, not below the rank of Deputy Superintendent of Police, can enquire into the allegations on the receipt of information relating to commission of any cognizable offence. It is not forthcoming from the reply as to whether any such permission has been sought from the Dy.SP concerned. 05. Be that as it may, as the matter is only being enquired into and no FIR has been registered by the respondent no. 1, the present petition is disposed by directing the respondent no. 1 not to summon the petitioner during the enquiry proceedings. Further the respondent no. 1 shall also take note of the reply submitted by the J&K Bank to the mail of the petitioner that J&K Bank has not filed any complaint against the petitioner. 06. Disposed of. (RAJNESH OSWAL) JUDGE SRINAGAR 02.09.2026 “Shamim Dar”