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2025 DAILYLAW 11339 (JK)

MUHAMMAD AYOUB DAR v. UNION TERRITORY THROUGH DIRECTOR GENERAL OF POLICE AND ORS. (HOME DEPARTMENT)

TrP (Crl)/50/2022 · 2025-12-16

Vinod Chatterji Koul

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

S. No. 6 Regular Cause List IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR TrP (Crl) No. 50/2022 C/w CRM(M) No. 80/2023 Muhammad Ayoub Dar …Appellant/Petitioner(s) Through: None Vs. UT of J&K through Director General of Police and Ors. ...Respondent(s) Through: Mr. Jahingeer Ahmad Dar, GA CORAM: HON’BLE MR JUSTICE VINOD CHATTERJI KOUL, JUDGE O R D E R 16.12.2025 TrP (Crl) No. 50/2022: 1. Through the medium of the instant application, the petitioner seeks the transfer of the charge-sheet (Challan) titled "State vs. Wali Muhammad Mir and Anr." from the Court of the learned Principal Sessions Judge, Bandipora, to any Court of competent jurisdiction in either Srinagar or Jammu. 2. Mr. Jahangeer Ahmad Dar, learned Government Advocate (GA), appearing for the Respondent-UT of J&K, submits that the petitioner had previously preferred a similar Criminal Transfer Application before this Court. In the said petition, the petitioner sought the transfer of the trial from the Court of the Additional Sessions Judge, Bandipora (Sumbal Headquarter), to the Bandipora Headquarter, contending that since the charge-sheet originated from the Sumbal Sub-Division, the trial stood transferred accordingly. He further apprised this Court that the said petition was dismissed by a Coordinate Bench of this Court vide order dated 12.12.2025. 3. A perusal of the record reveals that there has been no representation on behalf of the petitioner since 28.10.2024. The continuous non- appearance of the petitioner or their counsel leads to the inescapable conclusion that the petitioner has lost interest in prosecuting the instant matter. 4. In view of the above, this Criminal Transfer Application is dismissed for non-prosecution. CRM(M) No. 80/2023: 5. In the instant petition, the petitioner seeks a direction upon the Court of the Principal Sessions Judge, Bandipora, to dispose of the Charge- sheet (Challan) arising out of F.I.R. No. 125/1996, registered at Police Station, Sumbal, expeditiously and without further delay. 6. The grievance raised by the petitioner regarding the inordinate delay in the trial of the case is a genuine concern which warrants intervention by this Court. 7. In view of the above, the present petition is disposed of with a direction to the Trial Court to conclude the trial and decide the same expeditiously without granting unnecessary adjournments to either of the parties. 8. The petition is disposed of accordingly. (VINOD CHATTERJI KOUL) JUDGE SRINAGAR 16.12.2025 Manzoor Manzoor Ul Hassan Dar I attest to the accuracy and authenticity of this document Srinagar 18.12.2025 00.32