MUZAMIL SHAKEEL AND OTHERS v. UT OF J AND K TH. STATION HOUSE OFFICER, WOMEN POLICE STATION, DODA AND ANOTHER
CRM(M)/390/2026 · 2026-04-24
Shahzad Azeem
body2026
DailyLaw.ai
[ 2026 DAILYLAW 825 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 825 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
CRM(M) No. 390/2026
Muzamil Shakeel and others
…..Appellant(s)/Petitioner(s)
Through: Mr. Sandeep Gupta, Advocate
vs
Union Territory of J&K and another
.…. Respondent(s)
Through: Ms. Chetna Manhas, Assisting Counsel to Mrs. Monika Kohli, Sr. AAG for R-1
CORAM: HON’BLE MR. JUSTICE SHAHZAD AZEEM, JUDGE
ORDER 24.04.2026
1. Petitioners have invoked the jurisdiction of this Court under Section 528 of BNSS, seeking quashment of charge sheet/final report No. 03/2026 dated 16.02.2026 in case titled <UT of Jammu and Kashmir vs. Shakeel Ahmad & Ors.= pending before the Court of Ld. Additional Special Mobile Magistrate, Doda arising out of FIR No. 05/2026 dated 04.02.2026, under Section 85/351(2)/49 of BNSS.
2. The main plank of argument of learned counsel for the petitioners is that the whole proceedings suffer from the jurisdictional error, therefore, the petitioners have invoked the inherent jurisdiction of this Court.
3. Apart from the above legal ground, the petitioners have also taken other factual and legal grounds. However, after arguing for some time, learned counsel for the petitioners has conceded to the fact that all these pleas are available to the petitioners at the stage of charge/discharge, and thus seeks liberty to approach the trial Court to raise all the available pleas at appropriate stage. Serial No. 92
CRM(M) No. 390/2026
4. In view of the above, this petition is disposed of with the liberty to the petitioners to take all legal available grounds apart from the grounds taken in this petition before the Trial Court at the stage of charge/discharge.
5. In case still the grievance survives, the petitioners are liberty to avail the appropriate remedy under law.
6.
Disposed of
(Shahzad Azeem)
Judge
Jammu 24.04.2026 Nikhil