Jammu & Kashmir High Court – Srinagar Bench
Mohammad Shafi Reshi vs Ut Of Jammu And Kashmir And Ors on 19 May, 2026
Author: Sanjeev Kumar
Bench: Sanjeev Kumar
Sr. No. 24
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
(Through virtual mode)
CrlA (D) 85/2024
CrlM No. 1768/2024
Mohammad Shafi Reshi appellant
Through :- Mr. B.A.Dar Advocate.
V/s
UT of Jammu and Kashmir and ors .....Respondent(s)
Through :- Mr. Mohsin Qadri Sr. AAG with
Ms. Maha Majeed Advocate.
Coram: HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE
HON'BLE MR. JUSTICE SANJAY PARIHAR, JUDGE
ORDER
1 In this appeal filed by the appellant Mohd. Shafi Reshi under
Section 21 of the National Investigating Agency Act, 2008 [“NIA Act“],
he seeks to challenge an order dated 31.08.2024 passed in R. No. 90/2023
titled State through SHO Police Station Khaniyar vs. Syed Ali Shah
Geelani (dead) and others (FIR No. 84/2009 offences under Section 13
UAP Act and Section 188 RPC) passed by the learned Additional Sessions
Judge, Special Judge, designated under NIA Act, Srinagar [“the trial
Court”] whereby the trial Court has framed charge against the appellant
along with others for an offence under Section 13 of UAP Act.
2 The impugned order is challenged by the appellant primarily
on the ground that the trial Court has framed the charge without
appreciating that there is no allegation against the appellant with regard to
commission of any act or omission which would constitute an offence
under Section 13 of UAP Act.
2
3 Mr. Mohsin Qadri, learned Sr. AAG appearing for the
respondents, has taken a preliminary objection to the maintainability of
this appeal filed under Section 21 of the NIA Act on the ground that the
order framing charge passed by a Special Court under the NIA Act is an
interlocutory order not appealable under Section 21(1) of the NIA Act. He
has placed reliance upon a Division Bench judgment of this Court in a
case of Ayaz Ahmad and another vs. UT of Jammu and Kashmir,
2023 (6) JKJ 423.
4 Having heard learned counsel for the parties and perused the
material on record, we are of the considered opinion that the preliminary
objection taken by Mr. Qadri, learned Sr. AAG appearing for the
respondents, to the maintainability of this appeal deserves to be sustained.
In the case of Ayaz Ahmad and another (supra), a Division Bench of this
Court has elaborately considered this question in the light of Section 21 of
the NIA Act and has, after taking note of the case law on the subject, held
that the order framing charge passed by a Special Court under the NIA
Act is an interlocutory order and, therefore, not appealable under Section
21(1) of the NIA Act. We see no reason or justification to take a view
contrary to the one taken by the Coordinate Bench of this Court.
5 In view of the above, this appeal is held not maintainable.
6 At this stage, Mr. B.A. Dar, learned counsel appearing for the
appellant, prayed in the alternative that this appeal be treated as a petition
under Section 482 of the CrPC, corresponding to Section 528 of the
BNSS.
3
7 Having gone through the memorandum of appeal, we find
that the order framing of charge by the trial Court has been challenged by
the appellant purely on merits. The averments made in the memorandum
of appeal do not meet the parameters to be taken into consideration by this
Court while exercising its inherent jurisdiction vested under Section 482
of CrPC corresponding to Section 528 of BNSS. Going by the nature of
the pleadings before us in this appeal, it would be difficult for us to accede
to the request of learned counsel for the appellant to treat this appeal as a
petition under Section 482 of the CrPC, corresponding to Section 528 of
the BNSS.
8 For all the reasons stated above, this appeal is dismissed as
not maintainable. We, however, reserve liberty to the appellant to file a
quashment petition under Section 482 of CrPC corresponding to Section
528 of BNSS afresh by pleading appropriate grounds of challenge to the
order impugned.
(SANJAY PARIHAR) SANJEEV KUMAR)
JUDGE JUDGE
Jammu
19.05.2026
Sanjeev Whether the order is speaking: Yes
Whether the order is reportable: Yes/No
Sanjeev Kumar
2026.05.21 11:25
I am the author of this
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