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2024 DAILYLAW 656 (JK)

PEERZADA MOHAMMAD YEHYA v. UNION TERRITORY THROUGH POLICE STATION KOKARNAG AND ANR. (HOME)

CRM(M)/683/2024 · 2026-06-05

Sanjay Parihar

body2024

Judgment text

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Serial No. 17 REGULAR LIST IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CRM(M) 683/2024 c/w i) Bail App 147/2024 PEERZADA MOHAMMAD YEHYA …Petitioner/Appellant(s) Through: Mr. Ashraf Malik, Advocate Vs. UNION TERRITORY THROUGH POLICE STATION KOKARNAG AND ANR. ...Respondent(s) Through: Mr. Wasim Gul, GA CORAM: HON’BLE MR. JUSTICE SANJAY PARIHAR, JUDGE ORDER 05.06.2026 CRM(M) No. 683/2024 1. It is fairly conceded by both the parties that the investigation in case FIR No. 150/2024 has concluded establishing offence under Sections 376, 420 IPC and that matter is ready for filing of charge-sheet but because of the pendency of the petition, the charge-sheet has not been laid. 2. It is submitted by the ld. counsel for the respondents that petitioner has not been able to point out any mala fides on the part of the investigating agency in concluding the investigation and establishing charge under Sections 420, 376. In that background, continuation of CRM(M) No. 683/2024 is without any reason. 3. After arguing for a while ld. counsel for the petitioner submits that he would not press for disposal of the CRM(M) No. 683/2024 seeking quashing of the FIR and the consequential proceedings and that he be given liberty to take all the defences as are available during trial. His statement is taken on record. 4. Given the aforesaid submissions, the CRM(M) No. 683/2024 is dismissed as not pressed with the direction to the investigating officer to file charge-sheet. Bail App 147/2024 1. Investigation has already been over and charge under Sections 376, 420 has been prima facie made out against the petitioner, who has already been granted interim protection by this Court in terms of order dated 04.12.2024. Post granting of the interim concession, nothing has been brought to the notice of the Court suggesting that the petitioner has in any way obstructed the process of investigation or harassed the witnesses from making any kind of testimonies before the investigating officer. 2. In that background, the interim direction dated 04.12.2024 is made absolute on the conditions laid therein, subject of course that the petitioner shall remain present with the trial as and when the charge- sheet is filed. 3. Case Diary is returned to the I.O. 4. Disposed of in that manner. (SANJAY PARIHAR) JUDGE SRINAGAR: 05.06.2026 Akhil Dev