Jammu & Kashmir and Ladakh High Court Allows Revision Petition, Restores Complaint to Original Position
In a significant ruling, the Jammu & Kashmir and Ladakh High Court, under the judgment of Justice Sanjay Dhar, has set aside the dismissal of a complaint filed by Abdul Razzak Beigh against Altaf Ahmad Khan. The decision, rendered on July 21, 2026, establishes that a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, is maintainable for challenging the dismissal of a complaint at the pre-cognizance stage if it results in a failure of justice.
The case, identified as CRM(M) 742 of 2025, revolved around the dismissal of Beigh's complaint due to non-appearance at a pre-cognizance stage, a situation which the court found to be caused by factors beyond Beigh’s control. The complaint had been dismissed at the trial level, a decision which the High Court has now overturned, allowing the complaint to be reinstated for further proceedings.
The court clarified that Section 279 of the BNSS, which deals with dismissal for non-appearance, applies only after the issuance of process against the accused. However, in this instance, the complaint was dismissed before reaching that stage, making the dismissal non-appealable and hence subject to challenge under Section 528 of the BNSS if it led to a failure of justice.
Justice Dhar emphasized the importance of ensuring justice, noting that the non-appearance by Beigh was not intentional but due to an unexpected personal difficulty faced by his counsel, which was not communicated to him. Since the respondent did not contest these assertions, the High Court found grounds to allow the revision petition.
The judgment has significant implications for similar cases, affirming that dismissals at the pre-cognizance stage must be scrutinized to prevent miscarriages of justice. It reinforces the legal avenue for complainants to seek redress through revision petitions when procedural issues compromise their cases.
The trial Magistrate has been directed to restore the complaint to its original position and proceed with the case in accordance with the law.
Bottom line:-
A petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 challenging dismissal of a complaint at pre-cognizance stage is maintainable if it results in a failure of justice.
Statutory provision(s): Section 279, Section 528, Section 419 of the Bharatiya Nagarik Suraksha Sanhita, 2023
