Citation : 2026 Latest Caselaw 700 J&K/2
Judgement Date : 13 February, 2026
Serial No. 121
Supplementary Cause list
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
CRM(M) 54/2026 CrlM 120/2026
WASIM IBRAHIM SHEIKH ...Appellant(s)/Petitioner(s)
Through: Mr. Sajad Mir, Advocate
Vs.
ROOHI SULTAN AND OTHERS
...Respondent(s)
(POLICE/HOME)
Through: Ms. Shaila Shameem, Advocate vice
Mr. Mohsin Qadri, Sr. AAG
CORAM:
HON'BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE.
ORDER
13.02.2026
1. By this petition, petitioner herein is invoking jurisdiction of this Court
under Section 528 of BNSS 2023, thereby challenging order dated
21.01.2026 passed by the learned Chief Judicial Magistrate Budgam, in an
application under Section 100 BNSS, 2023 titled "Roohi Sultan Vs.
Wasim Ibrahim Sheikh & another".
2. Learned counsel for the petitioner states that in terms of impugned order,
the application was directed to be listed on 15.02.2026, however, the said
application has been taken up for disposal on 12.02.2026 by the learned
Chief Judicial Magistrate, Budgam, without issuing any summons to the
petitioner.
3. Notice to respondents.
4. Notice waived by Ms. Shaila Shameem, learned counsel appearing vice
Mr. Mohsin Qadri, learned Sr. AAG for respondent No. 2 & 3.
5. Notice to respondent No. 1.
6. Dasti also permitted.
7. Mr. Mohsin Qadri, learned Sr. AAG is directed to appear and assist this
Court on the next date of hearing.
8. Registry is directed to summon the digitized record from the Court of
Chief Judicial Magistrate, Budgam, in case titled, "Roohi Sultan Vs.
Wasim Ibrahim Sheikh & another" by or before Tuesday, i.e., 17.02.2026.
9. The petitioner, as well as respondent No. 1, along with their children are
directed to appear before this Court on the next date of hearing.
10.List on Tuesday, i.e., 17.02.2026.
(MOKSHA KHAJURIA KAZMI) JUDGE SRINAGAR:
13.02.2026 "Adil Ismail"
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