Jammu & Kashmir High Court
Mohinder Singh & Anr vs Ut Of J&K & Ors on 6 July, 2026
2024:JKLHC-JMU:330
Serial No. 24
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
Case:-
Case:-CRM(M) No. 655/2021
Mohinder Singh & Anr.
.....Petitioners
Through: None.
Vs
UT of J&K & Ors.
.....Respondent(s)
Through: Mr. P. D. Singh, Dy. AG.
Coram: HON'BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE
ORDER
(06.07.2026)
1. The petitioners, through the medium of this petition, have
called-in-question FIR bearing No. 0096/2021 dated 01.07.2021
registered at Police Station Kahanachak, Tehsil Marh, District
Jammu for offences under sections 341 & 509 of the Indian Penal
Code.
2. The respondents have filed their latest objections on
13.10.2025, stating that during the course of investigation, the
Investigating Officer visited the spot, prepared the site plan of place
of occurrence, recorded statement of witnesses as well as the
complainant under Section 161 of the Code of Criminal Procedure.
It is further stated that the accused persons who were arrested,
however, later on released on bail.
3. The respondents have taken a specific stand that the
offences under Sections 341 & 509 of Indian Penal Code stand
established against the accused/petitioners herein and the
Investigating Officer has already closed the investigation, as the
offences stand proved against the petitioners, but because of the
rider imposed by this Court by an order dated 27.10.2021, the
challan could not be filed.
CRM(M) No. 655/2021
2
2024:JKLHC-JMU:330
4. Learned counsel for the respondents submits that in light
of the investigation carried out by the Investigating Officer, the
offences against the petitioners herein under Sections 341 & 509
under the Indian Penal Code stand established and, therefore, this
Court in the peculiar facts and circumstance of the case, deems it
appropriate to direct the respondents to file the challan before the
competent court by modifying/vacating the order dated 27.10.2021
passed by this Court.
5. Since there is no representation on behalf of the
petitioners, an inference can be drawn that the petitioners are not
interested to pursue the instant petition and the respondents are
therefore permitted to file the challan/final report before the
competent Court under law as no fruitful purpose would be served
to keep this petition alive. Accordingly, this Court deems it
appropriate to dispose of the instant petition by directing the
respondents to file the challan/final report before the competent
Court under law. It shall, however, be open to the petitioners to
appear before the competent Court and avail all such legal and
factual objections as may be available under law before the learned
Trial court.
6. Accordingly, this petition is disposed of in the manner
indicated above along with all connected applications.
(WASIM SADIQ NARGAL)
JUDGE
JAMMU
06.07.2026
Sneha
