Jammu & Kashmir High Court
Anzar Ahmed Mir vs Mohd. Latief on 3 January, 2025
Author: Rahul Bharti
Bench: Rahul Bharti
Serial No. 34
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
Case:- CRM(M) No. 19/2025
CrlM No. 39/2025
Anzar Ahmed Mir .....Petitioner(s)
Through: Mr. Tanzir Khatana, Advocate.
Vs
Mohd. Latief ..... Respondent(s)
Through: None.
Coram: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE
ORDER
(03.01.2025)
1. From a perusal of the impugned order dated 09.12.2024
passed by the court of Judicial Magistrate 1st Class, Mendhar, the
conduct of the petitioner as an accused in the complaint is self
evident that he is taking the trial of the complaint before the criminal
court as a matter of his convenience.
2. The learned trial Magistrate, thus, constrained by repeated
non-appearances of the petitioner in attending the complaint
proceedings was left with no other option but to direct non-bailable
warrants against the petitioner to be executed through the SSP Poonch
for ensuring the personal appearance of the petitioner.
3. This Court finds no reason to interfere in the discretion and
the order passed by the Judicial Magistrate 1st Class, Mendhar. The
petitioner in his petition has nowhere stated as to why he is not
causing appearance in the trial of the complaint particularly when the
complaint is pending adjudication since 2016.
2 CRM(M) No. 19/2025
4. The court is refraining from making any observation with
respect to the mind set with which the petitioner must be taking the
pending criminal complaint on account of his status as being once the
SHO of the Police Station Mendhar and presently posted in the
Vigilance Organization, Anti Corruption Bureau, Jammu.
5. This Court finds no reason to interfere for the sake of
quashment of the complaint so pending and, therefore, dismisses the
present petition. The petitioner is directed to ensure his personal
presence before the Judicial Magistrate 1st Class, Mendhar on the next
date of hearing fixed in the case which is said to be 10.02.2025.
6. In the event of the petitioner not appearing in person before
the Judicial Magistrate 1st Class, Mendhar on 10.02.2025, then the
Judicial Magistrate 1st Class, Mendhar shall be well within his/her
discretion to direct issuance of non-bailable warrants against the
petitioner for securing his presence in the complaint case.
7. A copy of this order be forwarded to the Judicial Magistrate
1st Class, Mendhar for notice and record sake.
8. In view of the above, the order of the Judicial Magistrate 1 st
Class, Mendhar directing issuance of non-bailable warrants against
the petitioner which was actually meant for appearance on 30.12.2024
shall be deemed to have lapsed.
(RAHUL BHARTI)
JUDGE
JAMMU
03.01.2025
Shivalee
Shivalee Khajuria
2025.01.14 12:39
I attest to the accuracy and
integrity of this document
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