Jehangir Ahmad Wagay vs Muhammad Muzaffar Mir
2026 Latest Caselaw 683 J&K/2

Jammu & Kashmir High Court - Srinagar Bench

Jehangir Ahmad Wagay vs Muhammad Muzaffar Mir on 13 February, 2026

                                                         Serial No. 115
                                                         Supp. Cause List
  HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                             AT SRINAGAR
                                  ...
                        CRM(M) 52/2026 CrlM(115/2026)

JEHANGIR AHMAD WAGAY

                                                         .........Petitioner(s)
                              Through:
                          Mr. Tariq M. Shah, Adv.
                          Ms. Jasia Jeelani, Adv.

                              Versus
MUHAMMAD MUZAFFAR MIR

                                                        .......Respondent(s)

                              Through:


CORAM:
    HON'BLE MR. JUSTICE MOHD YOUSUF WANI, JUDGE

                                  ORDER

13.02.2026

1. Issue notice to the respondents in the main as well as in the interim application returnable by the next date of hearing, subject to taking steps for service within a week's period for filing of response/objections.

2. Heard the learned counsel for the applicant/petitioner in respect of his prayer for grant of relief in interim application and considered his submissions.

3. The learned counsel during his arguments inter alia submitted that the impugned cognizance order dated 03.11.2023 passed by the learned Trial Magistrate on the complaint suffers from apparent illegality and incorrectness as the requisite enquiry in terms of the provisions of Section 225 BNSS corresponding to the Section 202 of the Code of Criminal Procedure, 1973, which was required to be done having regard to the fact that the petitioner/accused resides outside the jurisdiction of the learned Trial Magistrate, was not so conducted.

4. Perused the interim application supported with an affidavit. Also perused the main petition and the copies of documents enclosed with the same as Annexures thereto, especially the impugned cognizance order dated 03.11.2023.

5. List on 27th March, 2026.

6. In the meantime, subject to modification/vacation upon consideration of objections/arguments and till next date of hearing before the Bench, the further proceedings on the trial complaint shall remain stayed.

1.

(MOHD YOUSUF WANI) JUDGE Srinagar 13.02.2026 Sakeena-PS