HC directs Rajouri court not to pass any coercive orders in case challenging, challan, order framing charge

04/02/2025



JAMMU, Feb 3: The Jammu & Kashmir and Ladakh High Court at Jammu, Bench comprising of Justice Wasim Sadiq Nargal has directed Trial Court of Sub Judge (Spl Mobile Magistrate) Rajouri vide an interim order, not to pass any coercive order.
This direction was passed in a case involving petitioner Kajal Sawhney and others, as she sought judicial intervention in a matter raising significant legal questions before the High Court through her counsel Advocates A K Sawhney and Aseem Kumar Sawhney .
The matter was heard by Hon'ble Justice Wasim Sadiq Nargal, who addressed both procedural and substantive concerns during the hearing.
Mr. Aseem Kumar Sawhney with Ms. Tahseena Bukhari, representing the petitioners submitted that the Trial Court has framed charge wrongly and against the period of limitation as envisaged under the CrPC, besides the counsel argued that the same was barred under the principles of law viz counter blast second FIR, delayed invesitgation and abuse of process of law.
In its order, the court observed that the petition raises an important question of law that warrants a thorough examination. As a result, Justice Nargal directed that the counsel for the respondents file a formal reply to the petition. This development indicates that the court is taking a cautious and considered approach to the matter, especially given the legal questions involved.
In addition to the procedural steps, the court also addressed the possibility of coercive action being taken by the trial court in connection with the accused in the case. In an important move, the bench ordered that until the next hearing, scheduled for February 28, 2025, no coercive measures should be adopted against the accused/ petitioners.The court has deferred making any interim directions for the time being.

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