Jammu and Kashmir High Court
CRM(M)/485/2025 of UZMA JAN AND OTHERS Vs MOHAMMAD SULTAN CHOPAN on 15 September 2026
68 Regular Cause List IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CRM(M) No. 485/2025 Uzma Jan and Ors. …Appellant/Petitioner(s) Through: None Vs. Mohammad Sultan Chopan ...Respondent(s) Through: Mr. Mohammad Saleem Parray , Advocate CORAM: HON’BLE MR JUSTICE
S. No. 68
Regular Cause List
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
CRM(M) No. 485/2025
Uzma Jan and Ors.
…Appellant/Petitioner(s)
Through: None
Vs.
Mohammad Sultan Chopan
...Respondent(s)
Through: Mr. Mohammad Saleem Parray , Advocate
CORAM:
HON’BLE MR JUSTICE SANJAY PARIHAR, JUDGE
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O R D E R
15.09.2026
1. On mention taken out of turn.
2. Learned counsel for the respondent submits that the sole ground on which the impugned order is sought to be quashed is that the petitioner was not afforded an opportunity of being heard, as contemplated under Section 223 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
3. Having regard to the aforesaid submission, and particularly the stand taken by the complainant/respondent herein, this Court is of the considered view that no useful purpose would be served by keeping the present matter pending for further consideration.
4. The principal grievance urged by the petitioner is that the impugned order came to be passed without notice to him and without affording him an opportunity of being heard.
5. In view of the aforesaid circumstances, the impugned order dated 27 May 2025, passed by the learned Trial Court, is hereby set aside. The matter is remanded to the ld. Trial Court for consideration of the complaint afresh, after affording due and reasonable opportunity of hearing to the petitioner, in accordance with law.
6. The petition is, accordingly, disposed of in the above terms.
7. Any interim direction(s) subsisting as on date shall stand vacated.
(SANJAY PARIHAR)
JUDGE
SRINAGAR 15.09.2026 Shabroz