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2025 DAILYLAW 288 (JK)

MUSHTAQ HUSSAIN v. UT OF J AND K TH COMMISSIONER SECRETARY TO GOVERNMENT HOME DEPARTMENT JAMMU AND OTHERS

HCP/120/2025 · 2026-01-28

Rajesh Sekhri

body2025

Judgment text

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU HCP No. 120/2025 Date of pronouncement: 28.01.2026 Date of uploading: 28.01.2026 Mushtaq Hussain, aged 52 years S/o Mehar Din R/o Pokherni, Tehsil Qila Darhal District Rajouri. …..Appellant(s)/Petitioner(s) Through: Mr. Shafiq Chowdhary, Advocate. q vs 01.Union Territory of J&K Through Principal Secretary Home Department, Civil Secretariat, Jammu. 02.Sr. Superintendent of Police, Rajouri. 03.Station House Officer, Police Station Nowshera, District Rajouri. 04.Javaid Ahmad S/o Mohd. Sadiq 05.Tafail Hussain S/o Fazal Hussain 06. Mohd. Khalil S/o Mohd. Shafi Respondents No. 4 to 6 are residents of Patywari, Tehsil Kalakote and District Rajouri. .…. Respondent(s) Through: Ms. Nisha Kangotra, Advocate vice Ms. Monika Kohli, Sr. AAG. Coram: HON’BLE MR. JUSTICE RAJESH SEKHRI, JUDGE ORDER 28.01.2026 01. The petitioner has invoked writ jurisdiction of this Court for the issuance of writ of Habeas Corpus for a mandamus to the respondents for the production of alleged abductee-his daughter for being set free Sr. No. 03 2 HCP No. 120/2025 and handed over to him on the ground that his daughter was kidnapped by the private respondents. 02. On 17.12.2025, daughter of the petitioner was produced in this Court and she submitted in the open Court that she having attained the age of majority, out of her free will, has entered into a wedlock with private respondent namely Javaid Ahmad S/o Mohd. Sadiq and expressed her desire to live with him. Under the circumstances, custody of the alleged abductee was handed over to private respondent as per her desire, subject to the condition that she will co-operate with the investigating agency for investigation of FIR No. 130/2025. 03. The investigating officer along with CD file is present in the Court, a perusal, whereof reveals that statement of the girl has also been recorded during investigation. 04. In the circumstances, present petition is rendered infructuous, hence, dismissed along with connected CM(s). 05. Meanwhile, interim direction, if any, shall stand vacated. (Rajesh Sekhri) Judge Jammu 28.01.2026 Sushant Whether the order is reportable? Yes/No Whether the order is speaking? Yes/No