HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CRM(M) No. 385/2026 CrlM No. 677/2026 Azhar Khan and another …..Appellant(s)/Petitioner(s) Through: Mr. Aseem Kumar Sawhney, Sr. Advocate with Mr. Kashif Malik, Advocate Ms. Tehsina Bukhari, Advocate Mr. Harsh Singh, Advocate. vs UT of J&K and others .…. Respondent(s) Through: Mr. Coram: HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE ORDER 24.04.2026 1. The learned Special Mobile Magistrate (Passenger Tax Court) Jammu has not yet taken the cognizance of offence and issued the process against the petitioners but has only issued pre-cognizance notice in terms of proviso to Section 223(1) of BNSS, 2023, so as to afford opportunity of hearing to the accused before taking cognizance of the offence. 2. Accordingly, this petition is pre-mature at this stage and the same is disposed of with liberty to the petitioners that in the event learned Magistrate takes cognizance of offence and issues process against the petitioners, they shall be at liberty to approach this Court afresh. 3. Disposed of. (RAJNESH OSWAL) JUDGE Jammu 24.04.2026 Sahil Padha Whether the order is speaking: Yes/No. Whether the order is reportable: Yes/No. Serial No. 97 Sahil Padha 2026.04.24 14:23 I attest to the accuracy and integrity of this document