Jammu & Kashmir High Court – Srinagar Bench
Riyaz Ahmad Geelani vs Union Territory Through Police Station … on 18 August, 2025
Serial No. 10
Regular Cause List
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
...
CRM(M) 479/2025
CrlM(1155/2025)
RIYAZ AHMAD GEELANI
.........Petitioner(s)
Through:
Mr. Z. A. Qureshi, Sr. Adv. with
Mr. Anurag Verma, Adv.
Versus
UNION TERRITORY THROUGH POLICE STATION HANDWARA AND ANR.
.......Respondent(s)
Through:
.
CORAM:
HON'BLE MR. JUSTICE MOHD YOUSUF WANI, JUDGE
ORDER
18.08.2025
1. Heard Mr. Z. A. Qureshi, learned Sr. counsel appearing for the
petitioner.
2. Through the medium of the instant petition filed under the provisions
of Section 528 of the Bharatiya Nagarik Suraksha Sanhita (for short
BNSS), the petitioner has sought the setting aside of the order dated
29.07.2025 passed by the court of learned Additional Sessions Judge,
Handwara (for short the trial court) in File No. 262/G titled as “UT of
J&K Th. P/S Handwara vs. Riyaz Ahmed Geelani” by virtue of which
order he has been charged for offences punishable under Sections
69,89,351(2) BNS in case FIR No. 15/2025 of Police Station
Handwara and his consequent discharge under said offences.
3. The case of the petitioner/accused is that he was arrested in case FIR
No. 15/2025 of Police Station Handwara for offences under Sections
69,89,351(2) BNS on 11.01.2025. That the FIR was registered on a
complaint filed by the respondent No. 2 who prior to the same had also
filed an application under Section 12 of the Protection of Women from
Domestic Violence Act, 2005 (for short the DV Act) against him
before the court of learned Chief Judicial Magistrate, Handwara
pleading therein to be his wife as per the marriage having been taken
place on 11.07.2024. That he appeared before the concerned
Magistrate and filed objections to the said application. That he was
granted interim bail in the aforesaid case FIR. That the final
report/challan in respect of the aforementioned case FIR stands also
presented before the learned trial court. That the learned trial court
framed charges against him under Sections 69,89,351(2) BNS vide
order dated 29.07.2025 and has accordingly put him to trial in the case.
That he is innocent and has not committed any overt act which would
warrant his involvement in the said offences.
4. It is submitted by Mr. Z. A. Qureshi, learned Sr. Advocate that since
the respondent No. 2/complainant prior to the lodging of the
FIR/complaint, had preferred an application under Section 12 of the
DV Act before the concerned Magistrate thereby admitting her to be
the wife of the petitioner, therefore, the registration of the FIR against
him under Sections 69 BNS is bad under law. Learned Sr. counsel
further contended that the learned trial court framed charges against
the petitioner also under Sections 89,351(2) BNS without there being
any evidence at all. That the learned trial court in the impugned order
also discussed the arguments of the counsel for the petitioner/accused.
5. In the facts and circumstances of the case, this court is of the opinion
that the matter can be disposed of at this threshold stage by passing of
such appropriate orders which are not likely to prejudice the rights and
interests of any of the parties.
6. Learned Trial Court is empowered in view of the provisions of Section
403 BNSS to make a review of the impugned order in the light of the
facts and circumstances of the case and arguments put forth by the
learned counsel for the petitioner/accused. The charge otherwise also
can be altered in view of the provisions of Section 239 BNSS at any
stage before passing of the final judgment.
7. The matter is taken up for final disposal and is accordingly disposed of
with the direction to the learned trial court to re-visit the impugned
order in the facts and circumstances of the case, after affording a fresh
opportunity of being heard to both the parties and to pass the
appropriate orders warranted in the facto legal scenario of the case
without being influenced by its earlier observations.
8. Disposed of.
(MOHD YOUSUF WANI)
JUDGE
Srinagar
18.08.2025
“SAKEENA-PS”