Jammu and Kashmir High Court
CRM(M)/361/2024 of MOHAMMAD SHAFI SHEIKH Vs ISHTIYAQ AHMAD SHAH on 16 December 2025
31 Regular list HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR Through virtual mode CRM(M) 361/2024 CrlM(855/2024) MOHAMMAD SHAFI SHEIKH Appellant(s)/Petitioner(s) Through: Mr. Faisal Javed, Adv. Vs. ISHTIYAQ AHMAD SHAH ...Respondent(s) Through: Mr. Parvez Ahmad, Adv. CORAM:
S. No. 31
Regular list
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
Through virtual mode
CRM(M) 361/2024 CrlM(855/2024)
MOHAMMAD SHAFI SHEIKH
Appellant(s)/Petitioner(s)
Through: Mr. Faisal Javed, Adv.
Vs.
ISHTIYAQ AHMAD SHAH
...Respondent(s)
Through: Mr. Parvez Ahmad, Adv.
CORAM: HON’BLE MR. JUSTICE MA CHOWDHARY, JUDGE
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ORDER
16.12.2025
1. The petitioner, aggrieved by the order dated 19.03.2024 passed by the learned Judicial Magistrate 1st Class, Kangan, in Complaint Case File No. NI Act 17/2024, has approached this Court by way of the present petition under Section 482 of the Code of Criminal Procedure. The petitioner seeks quashment of the impugned order, whereby cognizance has been taken and process issued against the petitioner, on the specific ground that the said order has been passed in complete disregard and non-compliance of the mandatory provisions of Section 200 Cr.P.C., without recording the preliminary statement of the complainant and witnesses, thereby rendering the impugned order illegal, arbitrary, and unsustainable in the eyes of law.
2. Learned counsel for the petitioner submits that the order dated 03.12.2025 passed by a Coordinate Bench in CRM(M) No. 360/2024 has a direct bearing on the present matter and prays that the petition be disposed of in terms of the said order.
3. Learned counsel for the respondents has fairly conceded to the submission made by learned counsel for the petitioner. It has been held vide the aforesaid order that while taking cognizance and issuing process, the learned trial court is required to strictly comply with the mandatory provisions of Section 200 of the Code of Criminal Procedure.
4. In view of the observations made by the Coordinate Bench, the present petition is also disposed of. Accordingly, the impugned order dated 19.03.2024 is set aside with a direction to the learned trial court to proceed further in the matter in accordance with law.
5. Disposed of.
;
(MA CHOWDHARY)
JUDGE
SRINAGAR 16.12.2025 “Hilal”