The Principal Sessions Court, Srinagar, has discharged one accused and ordered trial against another in the high-profile Lal Chowk abduction and aggravated theft case, ruling that the essential ingredients of kidnapping were not made out and that continuation of proceedings under Section 364 IPC would amount to abuse of process of law.
The case stems from FIR No. 28/2021 registered at Police Station Maisuma under Sections 364 (abduction/kidnapping), 201 (destruction of evidence) and 382 IPC (theft after making preparation to cause death, hurt or restraint).
According to the prosecution, the complainant had alleged that on April 25, 2025, he and his friend reached Lal Chowk after arriving from Katra. Being unfamiliar with hotels in the city, they sought assistance from an unidentified motorcyclist who asked them to follow him. The complainant claimed that they were taken to an unknown location where his ATM card and Rs 5,000 were forcibly snatched.
He further alleged that he was later taken towards JNLM Hospital road on a motorcycle, where Rs 20,000 was withdrawn from his ATM after the accused allegedly forced him to disclose the PIN. The complainant claimed he was subsequently abandoned near Dal Lake after Rs 25,000 and a mobile phone were taken from him.
During arguments on charge, the prosecution maintained that sufficient material existed on record to establish prima facie involvement of both accused. However, defence counsel — Advocates Tabassum Manzoor, Shahid Rashid and Qazi Mohammad Athar — contested the prosecution’s case, arguing that no Test Identification Parade (TIP) had been conducted, no ATM surveillance footage had been collected, and no bank statements were placed on record to substantiate the alleged withdrawals.
The defence further submitted that the second accused had been implicated solely on the basis of the alleged disclosure statement of accused No. 1, without any independent or legally admissible corroborative evidence.
After hearing both sides, the court held that the prosecution had failed to establish the essential ingredients required to frame charges under Section 364 IPC against either accused. It observed that continuation of proceedings for kidnapping in the absence of foundational material would amount to misuse of judicial process. Both accused were accordingly discharged of the offence under Section 364 IPC.
However, the court found that a prima facie case under Section 382 IPC was made out against accused No. 1, Imtiyaz Ahmad Shah of Khanyar, Srinagar. It directed that charges be framed against him for theft committed after making preparation to cause death, hurt or restraint.
Accused No. 2, Umar Qadir Dar of Natipora, Srinagar, was fully discharged from the case, with the court noting absence of any legally admissible or independent material linking him to the alleged offence.
The trial will now proceed solely against Imtiyaz Ahmad Shah under Section 382 IPC.
