HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT SRINAGAR

Case No. CRMC No. 173/2015

IA No. 01/2015

Tariq Athar Beig …. Appellant

Through: - Mr. Mujeeb Andrabi, Advocate with

Mr. G. A. Lone, Advocate

V/s

State of Jammu and Kashmir and Others. …. Respondent(s)

Through: - Mr. Waseem Gul, GA vice

Mr. Mohsin Qadri, Sr. AAG

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

ORDER

26.12.2025

01. By the present petition, the order dated 20.09.2012 passed by the Court of Chief Judicial Magistrate, Handwara, whereby re-investigation in FIR No. 147/2010 of Police Station Handwara registered for offences under Sections 420, 471 and 478 RPC was directed, is called in question. The impugned order is assailed on the ground that the learned Magistrate acted without jurisdiction in directing re-investigation after having discharged the accused. It is contended that once the challan stood considered and the accused were discharged, there remained no occasion for the Court to direct re-investigation in the absence of any leave sought under Section 173(8) Cr. PC or any circumstances warranting recourse to

Section 167(2) Cr.PC.

02. Briefly stated, the case arises out of acquisition of land for widening of Handwara–Luch Now