Mohammad Hanief And Ors vs Ut Through P/S Uri And Ors
2026 Latest Caselaw 1302 J&K/2

Jammu & Kashmir High Court - Srinagar Bench

Mohammad Hanief And Ors vs Ut Through P/S Uri And Ors on 6 March, 2026

Author: Moksha Khajuria Kazmi

Bench: Moksha Khajuria Kazmi

                                                                                   Serial No. 158
                                                                                   Supplementary List
                          IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT
                                                SRINAGAR

                                                      CRM(M) No. 98/2026

                Mohammad Hanief and Ors.
                                                                           ..... Appellant/petitioner(s)
                                                      Through: -
                                              Mr. Sajad Ashraf, Advocate

                                                             V/S
                UT through P/S Uri and Ors.
                                                                                  ..... Respondent(s)

Through: -

Mr. F. N. Shah, GA vice Mr. Hakim Aman, Dy. AG

CORAM:

HON'BLE MS JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE (ORDER) 06.03.2026

01. By this petition filed under Section 528 BNSS, petitioner has

challenged the FIR No. 07/2026 dated 21.01.2026, registered against

him at Police Station, Uri, under Sections 308(3) and 351(2) of BNS,

2023.

02. Learned counsel for the petitioner states that the learned Judicial

Magistrate, Uri, while entertaining the complaint under Section

173(3), has not followed the procedure strictly in accordance with

law and without conducting any enquiry or waiting for the fact

finding reports, has directed registration of FIR, simultaneously

issued notice to the accused to file objections and called for a status

report from the Investigating Officer.

03. Notice.

04. Notice, waived by Mr. F. N. Shah, learned GA, on behalf of

respondent No. 1, he seeks and is granted four weeks' time to file

objections with copy in advance to other side. Notice to respondents

2 and 3 returnable within four weeks.

05. List on 18.04.2026.

06. In the meantime, subject to objections of other side and till next date

of hearing before the Bench, the impugned FIR No. 07/2026 dated

21.01.2026, shall remain stayed to the extent of petitioners.

07. Alteration, modification, vacation on motion.

(MOKSHA KHAJURIA KAZMI) JUDGE SRINAGAR 06.03.2026 "Mohammad Yasin Dar"