Jammu & Kashmir High Court
Neha Chawla vs Union Territory Of J&K And Another on 28 October, 2025
Sr. No. 214
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
CRM(M) No.1088/2025
Neha Chawla .....Petitioner(s)
Through: Mr. Arjun Chawla, Advocate
Vs
Union Territory of J&K and another ..... Respondent(s)
Through:
Coram: HON'BLE MR. JUSTICE MOHD. YOUSUF WANI, JUDGE
ORDER
28.10.2025
1. Heard.
2. The short grievance of the petitioner being agitated by her through the
medium of the instant petition filed in terms of provisions of Section 528 BNSS
corresponding to the Section 482 of the repealed Code of Criminal Procedure
read with the provisions of Article 227 of the Constitution of India, is that a case
FIR bearing No.107/2022 came to be registered with the Police Station, Janipur,
Jammu on her complaint regarding commission of some offences by the
respondent No.2/accused. That during the investigation of the case, the
respondent No.2/accused filed an application for release of seized articles viz.
mobile of Brand name Samsung & Model name Galaxy A-22 along with two
working sim cards having number 7780843567 (JIO) and 9906150023 (Airtel)
in his favour, which came to be dismissed by the Court of learned Judicial
Magistrate 1st Class (Sub-Judge) Jammu vide its order dated 08.01.2025. That
aggrieved by the said order dated 08.01.2025 of the learned Magistrate, the
respondent No.2/accused has preferred a Revision Petition bearing No.31/2025
which is presently pending disposal before the Court of learned 1 st Additional
Sessions Judge, Jammu. That the petitioner being the complainant in the case
FIR, approached the learned Revisional Court with her application with the
prayer that she may also be arrayed and impleaded as a party respondent in the
pending revision being a necessary party, so that she can also put forward her
submissions which may facilitate the Court to dispose of the case more
effectively. That the learned Revisional Court has not been addressing the said
application.
3. I have heard the learned counsel for the petitioner, who submitted that the
petitioner being the complainant and the victim in the case FIR concerned has an
established legal right to be heard in the matter.
4. The learned counsel for the petitioner in support of his contentions placed
reliance on the authoritative judgments of the Hon‟ble Supreme Court cited as
„Aparna Bhat & Ors. Vs. State of Madhya Pradesh & Anr.' (Criminal Appeal
No.329/2021 decided on 18.03.2021, 'Jagjeet Singh & Ors. Vs. Ashish Mishra
@ Monu & Anr.' (Criminal Appeal No.632/2022 decided on 18.04.2022) and
„Ms. X Vs. The State of Maharashtra and Anr.' (Criminal Appeals No.822-823
of 2023 decided on 17.03.2023) as also on the order of this Court passed in
'Bilal Ahmad Mir Vs. UT through P/S Sopore' (CrlA(S) No.7/2023 dated
14.05.2024);
Law in regard to the impleadment of a victim to participate in the
criminal proceedings has been settled by the Hon‟ble Apex Court in
case titled as "Jagjeet Singh and others versus Ashish Mishra alias
Monu and another reported in (2022) 9 SCC 321" wherein a specific
recognition has been accorded to the rights of a victim for having
participatory rights in a criminal prosecution in the following words:-
That victims "..... cannot be expected to be sitting on the fence and
watching the proceedings from afar ...." That victims have "..... a
legally vested right to be heard at every step post the occurrence of an
offence ...; (they have) unbribled participatory rights from the stage of
investigation till the culmination of the proceedings in an appeal or
revision .... "; and that the mere presence of the state " ... does not
tantamount to according a haring to a " victim" of the crime".
5. In the backdrop, this Court is of the opinion that the matter can be
disposed of even at this stage by passing of the appropriate orders which are not
likely to prejudice the rights of any of the parties. Accordingly, the instant
petition is disposed of at this stage with the direction to the learned Revisional
Court i.e. Court of learned 1st Additional Sessions Judge, Jammu to
expeditiously address the pending application of the petitioner already made by
her in the pending revision petition seeking her impleadment in the matter being
the complainant as well as the first informant and the victim of the concerned
case FIR No.107/2022 registered with Police Station, Janipur, Jammu.
6. A copy of this order shall be forwarded to the learned Revisional Court
for information and compliance.
7. Disposed of.
(Mohd. Yousuf Wani)
Judge
Jammu
28.10.2025
Shammi
