Jammu and Kashmir High Court
CRM(M)/119/2026 of PARDEEP KUMAR AND OTHERS Vs UT OF J AND K TH COMMISSIONER SECRETARY TO GOVERNMENT HOME DEPARTMENT, JAMMU AND OTHERS on 25 September 2026
OF JAMMU & KASHMIR AND LADAKH AT JAMMU CRM (M) No. 119/2026 CrlM No. 208/2026 Pardeep Kumar and others .....Appellant(s)/Petitioner(s) Through :- Ms. Rozina Afzal, Sr. Adv. with Ms. Amreen, Advocate. v/s UT of J&K and others .....Respondent(s) Through :- Mr. Suneel Malhotra, GA CORAM:
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
CRM (M) No. 119/2026
CrlM No. 208/2026
Pardeep Kumar and others
.....Appellant(s)/Petitioner(s)
Through :- Ms. Rozina Afzal, Sr. Adv. with Ms. Amreen, Advocate.
v/s
UT of J&K and others
.....Respondent(s)
Through :- Mr. Suneel Malhotra, GA
CORAM: HON’BLE MR. JUSTICE YASH PAUL BOURNEY, JUDGE
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ORDER
25.09.2026
1. After hearing learned counsel for both the parties for a while, it has been brought to the notice of this Court that despite charge-sheets in both the FIRs have been filed and are pending consideration before the Court of competent jurisdiction, the difficulty projected by the petitioners is with respect to the two persons namely, Mr. Rohit Kumar, S/o Pardeep Kumar, R/o Village Lakhri, Ramkot, Billawar and Mr. Rajinder Kumar Verma, S/o Sh. Bhagat Ram, R/o Uchapind, Mora Bandoo, Ramkot, Billawar, Kathua, were initially named in the FIR as accused but upon investigation, it has been found that they were not involved in the incident but were there per chance and have ultimately been given a clean chit.
2. One of those petitioners namely, petitioner No.4-Mr. Rohit Kumar, S/o Pardeep Kumar, R/o Village Lakhri, Ramkot, Billawar, is stated to have been selected as Constable in the CISF. It needs no reiteration that although his name was mentioned in the FIR, yet the investigation carried out Sr. No. 10
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CRM (M) No. 119/2026 CrlM No. 208/2026
thereafter has revealed that he was the person who intervened and tried to dissuade the parties from fighting. So, he was mistakenly named as an accused in the FIR, which should not come in his way in any manner as a matter of course for appointment into the Government service. So far as the charge-sheets are concerned, the same stand filed against the other accused persons and both the parties have the option to raise all the pleas whichever they wish to raise before the trial Court at the stage of hearing on the charge. They may further approach this Court even thereafter, if so advised.
3. In the aforesaid view of the matter, both these petitions stand disposed of.
(Yash Paul Bourney) Judge
JAMMU 25.09.2026 Diksha