Mohammad Imran Khan vs Rehana Rehman on 20 December, 2024

Jammu & Kashmir High Court – Srinagar Bench

Mohammad Imran Khan vs Rehana Rehman on 20 December, 2024

                                                               Serial No. 41
                                                         Supplementary-1 Cause List

      HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                     AT SRINAGAR


                           CM (M) No. 486/2024
                            CM No. 8154/2024



Mohammad Imran Khan
                                                           ... Petitioner(s)
                               Through: -
                       Mr Sheikh Manzoor, Advocate.
                                     V/s
Rehana Rehman
                                                         ... Respondent(s)

CORAM:

HON’BLE MR JUSTICE M. A. CHOWDHARY, JUDGE.

(ORDER)
20.12.2024
Having regard to the alternate and efficacious remedy of filing
an appeal under Section 29 of the J&K Protection of Women from
Domestic Violence Act, 2005, the Order impugned can be challenged in an
appeal before the District and Sessions Judge having jurisdiction in the
matter and, therefore, in view of the said alternate and efficacious remedy
as against the impugned Order, this Petition under Article 227 of the
Constitution of India is not maintainable before this Court. The Petitioner
shall be well advised that in case he is aggrieved of the Order dated 3rd of
May, 2024 passed by the learned Judicial Magistrate (Munsiff), Kupwara in
the Complaint titled ‘Rehana Rehman v. Mohammad Imran Khan &
Anr.’ under Section 12 of the Act 2005 to file an appeal before the local
Appellate Court.
Faced with the above observation from this Cout, the learned
Counsel appearing for the Petitioner seeks withdrawal of the present
Petition with liberty to have recourse to appropriate remedy, as may be
available to the Petitioner under law.

In view of above, this Petition shall stand dismissed as
withdrawn, along with the connected CM, with the aforesaid liberty to the
Petitioner as prayed for.

(M. A. CHOWDHARY)
JUDGE
SRINAGAR
December 20th, 2024
“TAHIR”

Tahir Manzoor Bhat
I attest to the accuracy and
authenticity of this
document