IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR Reserved on: 28.04.2025 Pronounced on:06.05.2025 CRM(M) No.106/2024 MOHAMMAD NAJEEB GONI ... PETITIONER(S)

Through: - Mr. R. A. Jan, Sr. Advocate, with Mr. Adil Mushtaq, Advocate.

Vs.

UT OF J&K AND OTHERS …RESPONDENT(S)

Through: - Mr. Mohsin-ul-Showkat Qadiri, Sr. AAG, with Ms. Maha Majeed, Advocate.

CORAM: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE

JUDGMENT

1) The petitioner has challenged charge sheet arising out of FIR No.28/2018 for offences under Section 420, 447A and 120-B RPC and the proceedings emanating therefrom, which are stated to be pending before the Court of Judicial Magistrate, 1^st Class, Tangmarg (hereinafter referred to as “the trial court”). Challenge has also been thrown to order dated 30.12.2023 passed by the trial court, whereby the prayer for release of passport in favour of the petitioner has been declined.

2) As per the impugned charge sheet, a complaint came to be received by the Crime Branch, Kashmir, from the inhabitants of Village Bangil Tangmarg, alleging therein that the petitioner in connivance with land brokers, namely, Ghulam Mohammad Bhat, Mohammad Ashraf Wani and Mohammad Sultan Ganie, have trespas