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2011 DAILYLAW 799 (JK)

DINA NATH AND ANR. v. STATE TH.HOME DEPTT.AND ORS.

OWP/1112/2011 · 2026-08-20

Sanjay Parihar

body2011

Judgment text

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU OWP No. 1112/2011 Dina Nath and another .....Appellant(s)/Petitioner(s) Through :- Mr. R K S Thakur, Advocate v/s State of J&K and others .....Respondent(s) Through :- Ms. Nisha Kangotra, Assisting counsel vice Mrs. Monika Kohli, Sr. AAG Mr. Sunil Sethi, Sr. Adv. with Mr. Parimoksh Seth, Advocate CORAM: HON’BLE MR. JUSTICE SANJAY PARIHAR, JUDGE ORDER 20.08.2026 1. It is submitted by learned counsel for the respondents that case FIR No. 44/1999 of P/S Jhajjar Kotli, Jammu under Section 302 RPC has been closed as not admitted and the closure report stood accepted by the Court of Sub-Judge/Special Railway Magistrate, Jammu vide order dated 30.12.2025, rendering the present petition infructuous. However, learned counsel for the petitioners claims that, in addition to the proper investigation in the aforesaid FIR, there was another prayer made by the petitioners seeking transfer of investigation to some other agency. 2. Having regard to the submissions made at Bar, once the investigation stands completed and even the closure report has been accepted, nothing survives in this petition. The same is rendered infructuous in view of the subsequent events, leaving it Sr. No. 104 2 OWP No. 1112/2011 open to the petitioners to explore other remedy available under law, including to question the bona fides of the investigating agency as to whether it had acted fairly and also lay a motion for transfer of investigation, if required. 3. Disposed of. (Sanjay Parihar) Judge JAMMU 20.08.2026 Diksha