Serial No. 77 Suppl. cause list IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) No. 314/2025 Muneeb Ahmad Shah and Anr. ….. Appellant/petitioner(s) Through: - Mr. Mohammad Ashraf Malik, Advocate V/s UT of J&K and Ors. ….. Respondent(s) Through: - CORAM: HON’BLE MR JUSTICE MOHD YOUSUF WANI, JUDGE (ORDER) 19.02.2025 The case of the petitioners/accused in nutshell is that they came to be arrested in connection with FIR No. 24/2022 of Police Station Baramulla, registered under Section 307 IPC on 13.02.2022 on the allegation of attempting to commit the murder of one Mushtaq Ahmad Ganie S/o Ali Mohammad Ganie R/o Kanlibagh, Baramulla (hereinafter referred to as deceased). Subsequently, the petitioners came to be admitted to bail by the competent Court on 25.02.2022, but unfortunately due to the subsequent death of the deceased, the offence under Section 307 IPC was substituted by the one under Section 302 IPC and the petitioners were re-arrested in the case. That in the meantime, the Investigating officer presented the final report under Section 173 of the Code before the learned trial Court and the formal charges under Section 304-1 IPC came to be framed against the petitioners/accused on 06.02.2023. That however, the UT of J&K, assailed the order regarding framing of charge against the petitioners/accused under Mohammad Yaseen Dar I attest to the accuracy and authenticity of this document Section 304-1 IPC, before this Court and this Court vide its Judgment/order dated 04.06.2024, directed framing of charges against the petitioners under Section 302 IPC, which is reported to have been done on 04.07.2024 by the learned trial Court. It is contended by the petitioners in the instant petition that no prosecution witness has been till date examined and the learned trial Court ought to have conducted an expeditious trial of the case having regard to the fact that the petitioners are facing detention in the case since February, 2022. As according to learned counsel for the petitioners, the accused have fundamental right to speedy trial guaranteed under Article 21 of the Constitution of India. Learned counsel while making a reference to a latest Judgment of the Hon’ble Supreme Court, submitted that, the instant case can be disposed of at this threshold stage by passing appropriate directions regarding holding of expeditious trial in the case. In the facts and circumstances of the case, this Court is of the opinion that admittedly as contended by the learned counsel for the petitioners, instant petition can be disposed of at this threshold stage by passing of appropriate directions regarding expeditious trial of the case. Accordingly, instant petition is disposed of with a direction to the learned trial Court to conduct an expeditious trial in the case concerned and make an endeavour to hear the case on weekly basis. Disposed of along with connected CM(s). (MOHD YOUSUF WANI) JUDGE SRINAGAR 19.02.2025 “Mohammad Yasin Dar” Mohammad Yaseen Dar I attest to the accuracy and authenticity of this document