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2026 Supreme(Online)(J&K) 384

HIGH COURT OF JAMMU AND KASHMIR
JAN MOHD – Appellant
Versus
EXECUTIVE MAGISTRATE 1ST CLASS TEHSILDAR KOTERNKA AND OTHRS – Respondent


Sr. No. 04 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Date of pronouncement: 18.04.2026 Date of uploading:20.04.2026 Jan Mohd. ….. Petitioner(s)/Appellant(s)

Through: Mr. K. S. Puri, Advocate.

q vs Executive Magistrate 1st Class Tehsildar .…. Respondent(s)

Koternka and Ors.

Through: Ms. Nazia Fazal, Advocate vice Mrs. Monika Kohli, Sr. AAG.

Mr. P. S. Pawar, Advocate.

Coram: HON’BLE MR. JUSTICE RAJESH SEKHRI, JUDGE

ORDER(Oral)

18.04.2026

01. Petitioner has invoked in herent jurisdiction of this Court under Section 482 Cr. P. C. for the quashment of order dated 23.02.2023, passed by Tehsildar, Executive Magistrate 1st Class, Koternka [“ the trial Magistrate”] with respect to land comprised under Khasra Nos. 432 measuring 02 Kanals, 435 measuring 12 Kanals 12 Marlas and 437 measuring 04 Kanals 16 Marlas total measuring 19 Kanals 08 Marlas along with residential house situate at village Bai Numble, Tehsil Koteranka, District Rajouri, vide which the subject landed property along with residential house came to be attached in terms of Sub-section 1 of Section 146 Cr. P. C.

02. Having heard learned counsels for the parties, I am of the considered view that impugned order does not sustain in

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