In an appeal against a notice under Section 179 BNSS issued during a Section 173(3) inquiry, the High Court, finding no FIR registered, directed the police not to summon the petitioner during the pendency of the inquiry.
Directed respondent not to summon the petitioner during the enquiry proceedings.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Serial No. 208 Suppl. List
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
CRM(M) N.698/2026
Oves Ur Rehman
…Petitioner(s)/Appellant(s).
Through: Mr. R. A Jan, Sr. Advocate with Ms Safa Aziz, Adv. Vs.
UT of Jammu and Kashmir and Ors Through: Mr. Mohsin Qadiri, Sr. AAG.
...Respondent(s).
CORAM:
HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE
ORDER
02.09.2026
impugned the notice dated 25th August, 2026 issued by the respondent no. 1, SHO, Police Station, Panthachowk under Section 179 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), whereby the petitioner was asked to appear before him 28th August, 2026.
any compliant against M/S Fuel Automobiles Srinagar in terms of Order dated 1st September, 2026.
Station, may, with the prior permission of an officer, not below the rank of Deputy Superintendent of Police, can enquire into the allegations on the receipt of information relating to commission of any cognizable offence. It is not forthcoming from the reply as to whether any such permission has been sought from the Dy.SP concerned.
the petitioner that J&K Bank has not filed any complaint
against the petitioner.
06. Disposed of.
(RAJNESH OSWAL) JUDGE
SRINAGAR 02.09.2026 “Shamim Dar”
1 issue framed by the court
Whether a petitioner can be summoned under Section 179 BNSS in the absence of a registered FIR or a formal complaint.
2 provisions across 1 enactments
Oves Ur Rehman
UT of Jammu and Kashmir and Ors
RAJNESH OSWAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
