GHULAM NABI GANAIE v. CHANDRAKER BHARTI AND ORS. (HOME)
CCP(S)/7/2025 · 2025-02-11
Javed Iqbal Wani
Contempt Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 6017 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 6017 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
S. No. 1
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
CCP(S) 7/2025 in[HCP 311/2024] GHULAM NABI GANAIE …Petitioner/Appellant(s) Through: Mr. Hilal Ahmad Wani, Advocate. Vs.
CHANDRAKER BHARTI AND ORS. ...Respondent(s) Through: Mr. Hakim Aman Ali, Dy.AG.
CORAM:
HON’BLE MR JUSTICE JAVED IQBAL WANI, JUDGE
O R D E R 11.02.2025
1. In the instant contempt petition, the petitioner herein has alleged non- compliance of the judgement dated 12.12.2024 passed in HCP no. 311/2024 in terms whereof while disposing of the same, the Investigating Officer of the FIR No.145/2024 came to be directed to add the offences under Section 3/4 of the POCSO Act under and in terms of Section 87 of BNS after opining that the victim/prosecutrix (daughter of the petitioner herein) was a minor at the time of occurrence, based upon the report of authentication of her date of birth certificate issued by the State Boards of School Education.
2. The petitioner herein has alleged that the Investigating Officer did not follow the mandate of said direction thus, compelled the petitioner herein to file the instant contempt petition.
3. While considering the contempt petition for consideration on the previous date, and having regard to the plea urged by the counsel for the petitioner therein, the court while issuing notice to the contemnors/respondents
directed respondent 4, the Investigating Officer to appear in person along with the case diary on the next date being today.
4. Today, when the matter came up for consideration the investigating officer along with CD file is present and informed the Court that immediately upon receipt of the judgement of this court dated 12.12.2024, offences under POCSO Act came to be added in the FIR No. 145/2024 on 23.12.2024 and consequently investigation was continued, which by now stands completed and a charge sheet as well filed before the court of Sessions Judge Anantnag on 05.02.2025.
5. In view of the aforesaid position obtaining in the matter, the respondents/contemnors seemingly have complied with the judgement necessitating thus, recalling of the contempt notices and closure of proceedings thereof.
6. Ordered accordingly.
7. Disposed of.
(JAVED IQBAL WANI)
JUDGE
SRINAGAR 11.02.2025 Ishaq