Muddasar vs Ut Of J&K
2026 Latest Caselaw 534 J&K

Jammu & Kashmir High Court

Muddasar vs Ut Of J&K on 9 February, 2026

Author: Rajnesh Oswal

Bench: Rajnesh Oswal

     HIGH COURT OF JAMMU AND KASHMIR AND LADAKH
                      AT JAMMU

                               Bail App No. 7/2026
                                                          Reserved on 06.02.2026
                                                          Pronounced on 09.02.2026
                                                             Updated on 09.02.2026




Muddasar                                        .....Appellant(s)/Petitioner(s)


                     Through: Mr. Varut Kumar Gupta, Advocate
                vs
UT of J&K                                                   ..... Respondent(s)
                     Through: Mr. Eishan Dadichi, GA
                              Investigation Officer-Mr. Joginder Chib
                              present in person.

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

09.02.2026

1. After this Court had reserved the order in the present bail application, it was

noticed that the respondent had not specifically responded to the basic

contention of the petitioner that the deceased was having affair with the

petitioner. In order to substantiate the said contention, the respondent has

placed on record WhatsApp chat exchanged between the petitioner and the

deceased.

2. In the status report filed by the respondents, it is stated by the respondent

that the mobile phone of deceased was produced by the brother of the

complainant-Abdul Rashid. It is also the stand of the petitioner that initially

the FIR was registered under Section 363 IPC but for more than 2 ½ years,

no statement was made by any of the witnesses, who are related to the

deceased that the petitioner was harassing the deceased and in the inquest

proceedings conducted by the Police Post, Talwara, the statements were made by the complainant and other witnesses after two years and four

months after initiation of the inquest proceedings in the month of June, 2025

that the petitioner was harassing the deceased.

3. In view of the above, it is deemed proper to array the complainant, Abdul

Rashid S/o Swarn Din R/o Dharamkund, Tehsil and District Ramban as

respondent No. 2 in the present writ petition. Ordered accordingly.

4. Issue notice to respondent No. 2, to be served through SHO concerned, who

shall ensure that the notice is received back before the next date of hearing.

5. List on 20.02.2026.

6. Meanwhile, Investigating Officer shall file a status report with regard to the

authenticity of WhatsApp chat alleged to have been exchanged between the

petitioner and the deceased, after verifying the same from the mobile phone

of the deceased seized during investigation.

7. Case diary be returned to Mr. Eishan Dadichi, learned GA.

8. A copy of this order be sent to Mr. Eishan Dadichi, learned GA.

(Rajnesh Oswal) Judge JAMMU 09.02.2026 Karam Chand