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2025 DAILYLAW 3849 (JK)

SKALZANG DORJEY v. UT OF LADAKH TH COMMISSIONER SECRETARY TO GOVERNMENT HOME DEPARTMENT LEH AND OTHERS

CRM(M)/626/2025 · 2025-07-16

Mohd Yousuf Wani

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CRM(M) No. 626/2025 Skalzang Dorjey …..Petitioner(s) Through: Mr. K.D.S Kotwal, Advocate vs UT of Ladakh and others .…. Respondent(s) Through: Coram: HON’BLE MR. JUSTICE MOHD. YOUSUF WANI, JUDGE ORDER 16.07.2025 1. Heard. 2. The case of the petitioner is that on 13.01.2023, he lodged a complaint against respondent No. 5, which resulted in the registration of the case FIR No.06/2023 under Sections 171G, 420, 466, 468 & 471 of the IPC, with the Police Station, Leh; that the concerned Police Station after culmination of the investigation in the case presented the final report/challan in terms of Section 173 of the Code of Criminal Procedure 1973 (now repealed but applicable in the case and hereinafter referred to as the Code ‘for short’) which is pending disposal before the Court of Learned Chief Judicial Magistrate, Leh, since 12.02.2024; that the accused was present before the learned trial Court at the time of presentation of the final Police report/Challan, who was furnished with the copies of the charge-sheet and the documents annexed thereto; that the learned trial Court despite hearing the case on more than 26 dates, since the presentation of the challan on 12.02.2024 is yet to pass an initial order regarding charge/discharge; that the accused has been resorting to dilly-delaying tactics and the learned trial Serial No. 63 2 CRM(M) No. 626/2025 Court has failed to assert for conducting a meaningful and effective hearings in the case and the mere pendency of case without any effective hearing amounts to abuse of the process of law. 3. The petitioner accordingly has sought a direction upon the learned trial Court for conducting the effective trial in the case bearing FIR No.06/2023. 4. In the facts and circumstances of the case having regard to the nature of relief sought, this Court is of the considered opinion that matter can be disposed of even at this threshold stage by passing of appropriate orders, the action whereunder is otherwise meant to be taken as per the law. 5. Accordingly, the instant petition is taken up for final disposal and is, accordingly, disposed of with the direction to the learned Chief Judicial Magistrate, Leh to conduct an expeditious trial in the criminal case filed on police report bearing FIR No.06/2023 of Police Station, Leh. The trial Court shall submit monthly status reports to the Registry of this Court. 6. A copy of this order shall be forwarded to the learned Chief Judicial Magistrate, Leh for compliance. 7. Disposed of. (MOHD. YOUSUF WANI) JUDGE Jammu 16.07.2025 Rahul Sharma