Mohammad Ashraf Sofi vs Union Territory Of J And K And
2026 Latest Caselaw 324 J&K/2

Jammu & Kashmir High Court - Srinagar Bench

Mohammad Ashraf Sofi vs Union Territory Of J And K And on 5 February, 2026

                                                          Serial No. 2
                                                       Regular Cause List
 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                   AT SRINAGAR
           WP(C) 1747/2022 CM (4290/2022) CM (5065/2023)
Mohammad Ashraf Sofi                            ...Petitioner(s)/Appellant(s).
Through:      Mr. Bilal Ahmad Malla, Advocate.
                                    Vs.
Union Territory of J and K and
Ors                                                         ...Respondent(s).
Through:     Ms Raheela Khan, Assisting Counsel vice
             Mr. Mohsin Qadri, Sr. AAG.
CORAM:
      HON'BLE MR. JUSTICE MOHD YOUSUF WANI, JUDGE
                        ORDER

05.02.2026

1. The appearing counsel for the respondents/UT has submitted a

report addressed by the Divisional Forest Officer, Jhelum Valley Forest

Division, Baramulla, to Mr. Mohsin S. Qadri, Sr. Additional Advocate

General of this Court as per the previous order dated 02.12.2025.

2. A perusal of the report and the copies of documents enclosed with

the same reveals that the trial of the case FIR No. 121/2021 dated:

17.08.2021 of Police Station, Sopore, is going on in the Court of Ld.

District Mobile Magistrate, Traffic, (Judicial Magistrate), Sopore with the

passing of the last order on 17.11.2025. The hearing of the criminal case

stands fixed on 06.04.2026.

3. It is the case of the petitioner that although he was also arrayed as a

co-accused in the case FIR but he was given the benefit in terms of

provisions of Section 169 of the erstwhile Code of Criminal Procedure

1973 (now repealed). There is nothing on record of the report being

submitted on today by the appearing counsel for the respondents that the

said benefit given to the petitioner by the IO and which is admittedly born out from the perusal of the challan was agreed by the ld. trial court

through an express order.

4. The District Mobile Magistrate, Sopore is directed to submit a

report to this Court positively by the next date of hearing as to whether the

benefit given to the present petitioner-Mohammad Ashraf Sofi S/O. Haji

Gh Ahmad Sofi/ R/O Vijabal Doabagh Tehsil Watergam, District

Baramulla, being a co-accused during investigation, has been agreed by

the Court.

5. A copy of this Court be forwarded to the learned District Mobile

Magistrate, Sopore, for compliance.

6. List on 5th March, 2026.

(MOHD YOUSUF WANI) JUDGE SRINAGAR 05.02.2026 Shahid Manzoor