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Jammu & Kashmir High Court
Mohd. Nasir And Ors vs Ut Of J&K And Ors on 30 December, 2025
Sr. No. 119
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
CRM(M) No. 1411/2025
CrlM No. 2609/2025
Mohd. Nasir and Ors. .....Petitioner(s)
Through: Mr. Ajay Sharma, Sr. Advocate with
Mr. Shakoor A. Mali, Advocate
Mr. Naveed Naik, Advocate
Mr. Arjun Bharti, Advocate
Vs
UT of J&K and Ors. ..... Respondent(s)
Through:
Coram: HON'BLE MR. JUSTICE MOHD. YOUSUF WANI, JUDGE
ORDER
30.12.2025
01. Issue notice to the respondents 1 to 3 in the main as well as in the interim
application, returnable by the next date of hearing, through the office of learned
Sr. AAG, Jammu.
02. Notice, returnable by the next date of hearing, subject to taking of
requisite steps for service within 10 working days of the Registry, shall go to
respondent No.4.
03. Response/objections in the matter shall be filed positively by the next date
of hearing.
04. Heard the learned counsel for the applicants/petitioners in respect of his
prayer for grant of relief in interim application CrlM No. 2609/2025 and
considered his submissions. The learned counsel in the course of his arguments
inter alia submitted that there is a civil litigation pending before the private
parties in respect of the disputed patch of land and an interim order of status quo
stands already passed by the learned trial Court. That the non-
applicant/respondent No.1 has passed the order impugned dated 05.08.2024 in
violation of the provisions of Section 164 BNSS corresponding to Section 145
of the Repealed Code of Criminal Procedure. That no separate preliminary order
as was required has been passed and reference has been made to the
apprehension of law and order problem, which is outside the scope of the
provisions of Section 164 BNSS.
05. The learned counsel while placing reliance on the authoritative judgment
of the Hon'ble Supreme Court of India cited as "Ashok Kumar vs. State of
Uttarakhand and Ors." 2013 (1) RCR (Criminal) 961 submitted that pending
dispute of ownership in respect of a patch of land in the Civil Courts, the
Magistrate should not pass any order under Section 145 CrPC as it is only the
Civil Court, which has to decide the title.
06. Perused the interim application supported with an affidavit. Also perused
the main petition and the copies of the documents enclosed with the same as
Annexures thereto.
07. List before 2nd vacation Bench.
08. In the meantime, the operation of the impugned order dated 05.08.2024 is
stayed with the direction to the private parties to comply with the orders passed by
the Civil Court in respect of the disputed land. The trial Court seized of the civil
dispute between the parties without being influenced by the pendency of this matter
shall pass the appropriate orders in the pending suit, if approached by the parties or
any of them.
(Mohd. Yousuf Wani)
Judge
Jammu
30.12.2025
Riya Kochhar
