CRM(M)/734/2024 of ARIF MUSHTAQ BHAT Vs STATION HOUSE OFFICER, POLICE STATION KHANSAHIB AND ANR. (HOME) on 29 September 2026

ORDER

29.09.2026

1. It is fairly conceded by ld. counsel for the petitioner that the victim has been produced before the Magistrate for recording of her statement under Section 183 BNSS and, in terms of the status report filed by the respondent No. 1, after her statement the offence under Sections 87, 64 BNS were found not established against the petitioner meaning thereby that the FIR impugned herein has reached to stage of closure of case not admitted.

2. In that background, it is for the Investigating Officer to take a call whether to give the benefit of Section 169 Cr.P.C. to the petitioner and lay closure report before the Trial Court.

3. When confronted with the fact that the closure report is required to be placed before the Trial Court for its admission, it is submitted by the counsel for the petitioner that the present petition be disposed of in terms of the status report.

4. Given the fact that the FIR has proceeded to the investigation stage and during investigation the offences have been found not proved against the petitioner resultantly, the case is designed to be closed as not admitted.

5. In that background, this petition is disposed of with liberty to the prosecution to move the closure report before the competent Court and further liberty to the petitioner that in case the closure report is not admitted, the petitioner is left free to avail further remedy in case need arises.

(SANJAY PARIHAR)

JUDGE

SRINAGAR: 29.09.2026 Akhil Dev