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2025 DAILYLAW 14101 (JK)

SUNALI BHAGAT v. RAJAT SINGH CHARAK

CRM(M)/150/2021 · 2025-10-13

Vinod Chatterji Koul

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CRM (M) No. 150/2021 c/w CRM (M) No. 798/2021 Sunali Bhagat …. Petitioner/Appellant(s) Through:- Ms. Deepika Pushkar, Advocate V/s Rajat Singh Charak …..Respondent(s) Through:- Ms. Shazia Asaf, Advocate vice Mr. P D Singh, Dy. AG Mr. Deepak Mahajan, Advocate CORAM: HON’BLE MR. JUSTICE VINOD CHATTERJI KOUL, JUDGE ORDER 13.10.2025 1. It has been stated by the learned counsel for the parties that the case was initially tried before the Court of learned 3rd Additional Sessions Judge ‘Fast Track Court Jammu’. Subsequently the matter was transferred to the Court of learned Principal Sessions Judge Jammu, in view of the fact that, the accused was also charged with offences punishable under sections 376 IPC and 3 of the SC/ST Act. 2. Learned counsel for the respondent submits that charges have already been framed against the accused. Learned counsel for the petitioner further submits that at the time of framing of charges, the accused claimed juvenility and refused to undergo Trial on that ground. He asserts a motion in this regard has already been filed before the Trial Court. It is contended that the Court of Principal Sessions Judge Jammu is yet decide, whether the accused is to be tried as a juvenile or as an Sr. No. 37 2 CRM (M) No. 150/2021 c/w CRM (M) No. 798/2021 adult. The accused also intend to contest the charges on merits once the Juvenility is determined. 3. In view of the aforesaid submissions, it has been stated by the learned counsel for the petitioner that since the petitioner has already approached the trial Court, she does not wish to press this petition. It is further submitted that the present petition was filed at the stage when charges were framed by the Fast Track Court and this petition is now rendered infructuous in light of subsequent proceedings before this Court. 4. In view of the submission made the learned counsel for the parties, both the instant petitions are dismissed as withdrawn with liberty to the parties to take recourse to appropriate remedies as available to them under Law. 5. Registry to place a copy of this order on the file of CRM (M) No. 798/2021. (VINOD CHATTERJI KOUL) JUDGE JAMMU 13.10.2025 Asif Tantray