Lt. Col (Retd.) Raghunandan vs Subash Chander
2026 Latest Caselaw 757 J&K

Jammu & Kashmir High Court

Lt. Col (Retd.) Raghunandan vs Subash Chander on 13 February, 2026

Author: Rajnesh Oswal

Bench: Rajnesh Oswal

                                           Sr. No. 09
     HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                     AT JAMMU

CRR No. 53/2017


Lt. Col (Retd.) Raghunandan                   .... Appellant(s)/Petitioner(s)
Sharma, aged 74 years,
S/o Lt. Sh. Paras Ram Sharma.
R/o 106, Florence Apartment,
Satyam Road, Trikuta Nagar
Extn. Jammu.

                      Through:-     Mr. L.K. Sharma, Sr. Advocate with
                                    Mr. Mohit Kumar, Advocate.




 1. Subash Chander                                      .....Respondent(s)
S/o Billu Ram Lohar
R/o Sanasar, Tehsil Ramban
District Ramban

 2. Sudesh Kumar
S/o Billu Ram Lohar
R/o Sanasar, Tehsil Ramban
District Ramban.

 3. Roma
W/o Billu Ram Lohar
R/o Sanasar, Tehsil Ramban
District Ramban.

                      Through:-      Mr. Madan Lal, Advocate.

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

13.02.2026.

1. Learned Senior Counsel appearing for the petitioner submits that the learned Principal and Sessions Judge, Ramban (for short "the Revisional Court") vide order dated 16.10.2017, has not taken note of the fact that

initially investigation in the FIR was closed as not admitted but it was pursuant to the order dated 16.04.2015 passed by the learned JMIC Batote that investigation was again conducted and the charge-sheet was filed against the respondents on 28.10.2015. He further submits that the learned Revisional Court ought to have taken note of the above mentioned facts but the learned Revisional Court simply took note of the fact that FIR was registered on 13.08.2012 and charge-sheet was filed on 28.10.2015, and set aside order dated 28.10.2015.

2. After arguing for a while, learned counsel for the parties have reached to a consensus that the learned trial Court may pass fresh orders after taking into consideration the provisions of limitation as contained in the Code of Criminal Procedure for the purpose of taking cognizance of the offences complained in the charge-sheet. Ordered accordingly.

3. Needless to say that the learned trial Court shall pass the order in accordance with law after hearing the prosecution and the complainant without being influenced in any manner qua any observation made by the learned Revisional Court regarding the merit of the claims of either of the parties in the order impugned dated 16.10.2017.

4. Disposed of.

5. The petitioner shall appear before the Magistrate on 06.03.2026.

(Rajnesh Oswal) Judge JAMMU 13.02.2026 NEHA-1