2026:Jklhc-Jmu:15 vs Union Territory Of J&K And Others
2026 Latest Caselaw 4 J&K

Jammu & Kashmir High Court

2026:Jklhc-Jmu:15 vs Union Territory Of J&K And Others on 12 January, 2026

                                                                                  2026:JKLHC-JMU:15


                                                  Sr. No. 06
            HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                            AT JAMMU

                      Case No:- CRM(M) No. 1420/2025

                                           Date of Pronouncement : 12.01.2026
                                                      Uploaded on:    15 .01.2026

Nazir Ahmed and others
                                                                   .... Petitioner(s)

                               Through:-   Mr. Arshad Hussain, Advocate

                         V/s

Union Territory of J&K and others                                .....Respondent(s)


                               Through:-

      CORAM:        HON'BLE MR. JUSTICE SANJAY PARIHAR, JUDGE
                                        ORDER

1. Learned counsel for the petitioners submits that the proceedings

arising out of FIR No. 33/2024, pending before the Court of

Judicial Magistrate 1st Class, Mahor, for offences under Sections

188 and 171-E IPC of Police Station Arnas, District Reasi, are

barred by limitation and, therefore, illegal. It is contended that the

complainant has resorted to abuse of the process of law, warranting

invocation of the jurisdiction of this Court for quashment of the

proceedings. It is further argued that the FIR is absurd and

inherently improbable, on the basis of which cognizance ought not

to have been taken.

2. It is fairly conceded by learned counsel for the petitioners that the

FIR has culminated into a charge-sheet which is presently pending

before the trial Court. It was also argued during the course of

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hearing that the matter is still at the initial stage. It appears that

earlier the petitioners, through petitioner No. 2 namely Sanjay

Kumar Rana, had filed CRM(M) No. 1005/2024 questioning FIR

No. 33 of 2024 and seeking its quashment. Vide order dated

26.12.2024, this Court had directed that, subject to objections, the

impugned FIR shall remain stayed; however, prior to the passing of

the said order, the charge-sheet had already been filed, thereby

rendering the said petition infructuous.

3. It is further conceded by learned counsel for the petitioners that the

aforesaid petition was subsequently dismissed for non-prosecution

and that the present petition seeks quashment of the charge-sheet.

Reliance has been placed on the judgment of the Hon'ble Supreme

Court in State of Haryana v. Bhajan Lal, wherein it has been laid

down that criminal proceedings can be quashed where the

allegations, taken at their face value and accepted in their entirety,

do not disclose the commission of any offence or make out a case

against the accused, or where the complaint is so inherently

improbable that no prudent person can reach a just conclusion. It

has further been held that such proceedings can be quashed only

when they are the result of abuse of the process of law.

4. After hearing learned counsel for the petitioners, this Court is of the

considered view that no case for admission is made out. The

charge-sheet has already been laid, and even if, for the sake of

argument, it is conceded that the charge-sheet is barred by

limitation and that the Court cannot take cognizance thereof, the

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appropriate remedy available to the petitioners is to approach the

trial Court which is seized of the matter. It is fairly conceded by

learned counsel for the petitioners that, since the matter is at an

initial stage, the petitioners would be at liberty to raise all the

defences available to them before the trial Court. It was also argued

that petitioner Nos. 2 to 6 have been arrayed as accused

subsequently without any incriminating material. However, without

commenting on the merits of the case, this petition is disposed of by

permitting the petitioners to approach the trial Court and raise all

available defences, including the plea that the charge-sheet is barred

by law, particularly when it is conceded that the trial Court is yet to

take formal cognizance of the charge-sheet.

5. In view of the above, the present petition is disposed of by granting

liberty to the petitioners to approach the trial Court for raising all

defences as are available to them and persuade the trial court for

appropriate disposal of the charge-sheet in accordance with law.

(SANJAY PARIHAR) JUDGE JAMMU 12.01.2026 Rahul Sharma

Whether the order is speaking? : Yes Whether the order is reportable? : No