Jammu and Kashmir High Court
CM(M)/8/2026 of NISAR AHMAD WANI Vs MOHAMMED OWAIS MALLA AND ANR. on 28 January 2026
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CM(M) 8/2026 CM(54/2026) NISAR AHMAD WANI ….. Petitioner (s) Through: Mr. Junaid Amin, Advocate V/s MOHAMMED OWAIS MALLA AND ANR. ….. Respondent(s) Through: Coram: Hon’ble Mr. Justice Rahul Bharti, Judge ORDER
02
Regular
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
CM(M) 8/2026 CM(54/2026)
NISAR AHMAD WANI
….. Petitioner (s)
Through: Mr. Junaid Amin, Advocate
V/s
MOHAMMED OWAIS MALLA AND ANR.
….. Respondent(s)
Through:
Coram:
Hon’ble Mr. Justice Rahul Bharti, Judge
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ORDER
28.01.2026
1. If the statement made by the learned counsel for the petitioner is to be taken correct that the petitioner is a registered owner of a Vehicle No. JK01AV-3777, which is Fortuner Sigma 4 (MT), Toyota Kirloskar Motor Pvt Ltd purchased on 06th September 2023 financed by ICICI Bank Limited, Srinagar, then the order dated 06.11.2025 of the Chief Judicial Magistrate (CJM), Srinagar ordering the release of said vehicle seized by DO Police Post, Qamarwari on the basis of a complaint made under Section 316(2) of Bharatiya Nyaya Sanhita, 2023 in favour of 3rd person namely Arif Amin Moharkan is warranting P a g e | 2 CM(M) 8/2026 CM(54/2026)
examination for which the petitioner is coming forward with the present petition under Article 227 of the Constitution of India.
2. Despite the fact that the petitioner has already invoked revisional jurisdiction of the court of 4th Additional Sessions Judge, Srinagar in which next date given is 16.02.2026, the filing of the present petition is misconceived.
3. This petition is disposed of with a direction to the learned 4th Additional Sessions Judge, Srinagar to consider the pending revision petition of the petitioner and dispose it off on merits within a period of 15 days from date of production and placement of certified copy of this order.
4. Disposed of as above.
(Rahul Bharti)
Judge
SRINAGAR 28.01.2026 Aasif