17 Regular IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CM(1268/2026) IN WP(C) 485/2026 CM(1269/2026) MOHD MOCHI AND ANOTHER ….. Petitioner(s) Through: Mr. Saiful Islam, Advocate. V/s UNION TERRITORY OF J AND K AND OTHERS ….. Respondent(s) Through: Mr. Haris Khan, AC Coram: Hon’ble Mr. Justice Sanjay Dhar, Judge ORDER 04.05.2026 1. The petitioners, through the medium of instant petition, are seeking release of their service books which are stated to have been seized by the Investigating Agency/respondent No. 3 in connection with investigation of FIR No. 31/2014 for offences under Sections 5(1) & (2) of the Jammu and Kashmir Prevention of Corruption Act read with Section 120 B of RPC. 2. Learned counsel for the parties have submitted that as per their information, final report stands filed before the learned Special Judge, Anti-Corruption, Anantnag. 3. Section 516 A of Jammu and Kashmir Code of Criminal Procedure which is applicable to the present case provides for custody and disposal of the property pending trial in certain cases. As per this provision, when any property regarding which any offence appears to have been committed, or which appears to have been used for commission of any P a g e | 2 CM(1268/2026) IN WP(C) 485/2026 CM(1269/2026) offence, is produced before the criminal court during any inquiry or trial, the court is vested with power to make such order as it thinks fit for proper custody of such property pending the conclusion of the inquiry or trial. 4. Since the final report stands already produced before the learned Special Judge, as such, it will be appropriate for the petitioner to approach the said court by making an application under Section 516A of Jammu and Kashmir Cr.PC seeking release of service books in favour of the authority from whom the said documents have been seized or for any other appropriate order. 5. It is a settled law that when there is an alternate and efficacious remedy available to a litigant, this Court would be reluctant in exercising its discretionary jurisdiction under Article 226 of the Constitution of India. 6. In view of the above, the writ petition is held to be not maintainable and is disposed of as such, leaving it open to the petitioner to approach the learned Special Judge Anti-Corruption cases, Anantnag with an appropriate application. As and when such an application is made before the said court, appropriate orders thereon in accordance with law shall be passed by the said court most expeditiously. (Sanjay Dhar) Judge SRINAGAR 04.05.2026 Aasif