Pradeep Punia vs Ut Of J&K And Another
2026 Latest Caselaw 1044 J&K

Jammu & Kashmir High Court

Pradeep Punia vs Ut Of J&K And Another on 20 February, 2026

Author: Rajnesh Oswal

Bench: Rajnesh Oswal

                                                                   Serial No. 111

     HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                                AT JAMMU
CRM(M) No. 149/2026
CrlM No. 273/2026

Pradeep Punia                                   .....Appellant(s)/Petitioner(s)
                     Through: Mr. Varut Kumar Gupta, Advocate.

                vs
UT of J&K and another                                      ..... Respondent(s)
                     Through: Ms. Priyanka Bhat, Advocate vice
                              Mr. P. D. Singh, Dy. AG.

Coram: HON'BLE MR. JUSTICE RAJNESH OSWAL, JUDGE
                                  ORDER

20.02.2026

1. Learned counsel for the petitioner submits that, in CRM(M) No.

62/2026 preferred by wife of the petitioner, this Court had shown

indulgence and vide order dated 30.01.2026, investigation in

impugned FIR No. 26/2026 dated 15.01.2026 registered with Police

Station, Bahu Fort, Jammu was stayed qua the petitioner therein only.

He further contends that the respondent No. 2 had earlier approached

SHO, Police Station, Women Cell, Rohtak with a complaint with

similar allegations, but subsequently, withdrawn the same pursuant to

an affidavit submitted by the respondent No. 2. He further submits that

the FIR impugned has been lodged just to harass the petitioner and her

wife, particularly when the respondent No. 2 had herself withdrawn

the complaint filed before the SHO, Police Station, Women Cell,

Rohtak.

2. Issue notice to the respondents.

3. Ms. Priyanka Bhat, Advocate appearing vice Mr. P. D. Singh, learned

Dy. AG waives notice on behalf of respondent No. 1. She seeks and is

granted time to file response. Let the needful be done by or before the

next date of hearing.

4. Now, the notice shall go only to the respondent No. 2, to be served

through the Investigating Officer concerned. The Investigating Officer

concerned shall ensure the the notice is received back by this Court by

or before the next date of hearing.

5. List along with CRM(M) No. 62/2026 on 24.02.2026.

6. In the meantime, subject to objections from the other side and till next

date of hearing before the Bench, it is directed that charge-sheet in the

impugned FIR No. 0026/2026 dated 15.01.2026 shall not be filed

against the petitioner, without seeking prior permission of this Court

and the Investigating Officer shall determine the authenticity of the

defence projected by the petitioner regarding the earlier complaint

filed by the respondent No. 2 with the SHO, Police Station, Women

Cell, Rohtak and subsequently withdrawn by her. The Investigating

Officer shall also file status report by the next date of hearing.

(RAJNESH OSWAL) JUDGE

Jammu 20.02.2026 Sahil Padha