Petition challenged magistrate's orders issuing arrest warrants and declaring the petitioner a proclaimed offender in recovery proceedings. Respondent conceded; court set aside the four impugned orders and directed the Magistrate to proceed under Section 421 CrPC read with the Land Revenue Act.
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72 Regular
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
CRM(M) 286/2025 CrlM(670/2025)
Mairaj Ud Din Paala.
….. Petitioner (s)
Through: Mr. Usman Gani, Adv.
V/s
Manzoor Coles India.
….. Respondent(s) Through: Mr. Iqbal Ahmad, Adv.
Coram:
Hon’ble Mr. Justice Sanjay Dhar, Judge
ORDER
18.11.2025
limited extent of legality of orders dated 22-11-2024, 15-02-2025, 1703-2025 and 05-05-2025, while issuing notice to the respondent was observed by this Court that it was not open to the Trial Magistrate to issue warrants of arrest against the petitioner and declare him a proclaimed offender without allowing the Collector to adopt the procedure for recovery of the amount due in terms of the Land Revenue Act, but the learned Magistrate has proceeded to resort to the mechanism provided under Section 421(1) of the CrPC.
1
permitted to proceed ahead in the matter in accordance with the provisions contained under Section 421 CrPC, which corresponds to Section 461 of BNSS, read with Chapter VII of the Jammu and Kashmir Land Revenue Act.
(Sanjay Dhar) Judge
SRINAGAR 18.11.2025 Sarvar
1 issue framed by the court
Whether the Trial Magistrate could issue warrants of arrest and declare the petitioner a proclaimed offender without the Collector first adopting recovery procedure under the Land Revenue Act.
4 provisions across 3 enactments
Mairaj Ud Din Paala
Manzoor Coles India
Sanjay Dhar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
