Jammu & Kashmir High Court
Muzamil Shakeel And Others vs Union Territory Of J&K And Another on 24 April, 2026
Serial No. 92
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
CRM(M) No. 390/2026
Muzamil Shakeel and others .....Appellant(s)/Petitioner(s)
Through: Mr. Sandeep Gupta, Advocate
vs
Union Territory of J&K and another ..... Respondent(s)
Through: Ms. Chetna Manhas, Assisting Counsel to
Mrs. Monika Kohli, Sr. AAG for R-1
CORAM: HON'BLE MR. JUSTICE SHAHZAD AZEEM, JUDGE
ORDER
24.04.2026
1. Petitioners have invoked the jurisdiction of this Court under Section 528 of
BNSS, seeking quashment of charge sheet/final report No. 03/2026 dated
16.02.2026 in case titled “UT of Jammu and Kashmir vs. Shakeel Ahmad &
Ors.” pending before the Court of Ld. Additional Special Mobile
Magistrate, Doda arising out of FIR No. 05/2026 dated 04.02.2026, under
Section 85/351(2)/49 of BNSS.
2. The main plank of argument of learned counsel for the petitioners is that the
whole proceedings suffer from the jurisdictional error, therefore, the
petitioners have invoked the inherent jurisdiction of this Court.
3. Apart from the above legal ground, the petitioners have also taken other
factual and legal grounds. However, after arguing for some time, learned
counsel for the petitioners has conceded to the fact that all these pleas are
available to the petitioners at the stage of charge/discharge, and thus seeks
liberty to approach the trial Court to raise all the available pleas at
appropriate stage.
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4. In view of the above, this petition is disposed of with the liberty to the
petitioners to take all legal available grounds apart from the grounds taken
in this petition before the Trial Court at the stage of charge/discharge.
5. In case still the grievance survives, the petitioners are liberty to avail the
appropriate remedy under law.
6. Disposed of
(Shahzad Azeem)
Judge
Jammu
24.04.2026
Nikhil
CRM(M) No. 390/2026 Page 2 of 2