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2025 DAILYLAW 6653 (JK)

ASHIQ KHAN AND ANR. v. UNION TERRITORY THROUGH POLICE STATION URI (HOME)

WP(C)/603/2025 · 2025-04-02

Javed Iqbal Wani

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Sr. No. 13 Regular list IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 603/2025 CM(1480/2025) Ashiq Khan & Anr. ….. Applicant/petitioner(s) Through: - Mr. Musavir Mir, Advocate. V/s. UT of J&K & Ors. ….. Respondent(s) Through: - CORAM: HON’BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE (ORDER) 02.04.2025 1. In the instant petition filed under Article 226 of the Constitution, the petitioners herein have prayed that the Court of 1st Additional Sessions Judge, Baramulla be directed to decide the case titled as “State through P/S Uri v. Sadiq Khan and others” arising out of FIR No. 11/2017, without any further delay, preferably within a period of one months, owing to the reason that the case upon conclusion of the trial was fixed for final arguments on 15th March, 2024, ever since the said date the trial court has not heard the arguments despite availability of the counsel for the petitioners and in the process, thus has delayed the disposal of the case. 2. Upon coming of the instant petition for consideration on 19th March, 2024 and having regard to the case setup by the petitioners in the petition, a report thereof came to be sought from the trial court in this regard, which report has been furnished and the same is taken on record. 3. A perusal of the said report reveals that the defence evidence stands closed by the trial court on 25th March, 2024, however, the report is silent with respect to the next date fixed in the matter for arguments, though it is provided in the report that the case was listed on 7th March, 2025 on which date the case came to be adjourned at the request of APP having fixed the case thereafter on 04.04.2025. 3. A closer examination of the report furnished by the trial court seemingly appears to be not convincing and ex-facie suggests that the Abdul Rashid Ganaie I attest to the accuracy and authenticity of this document disposal of the matter has been delayed without any sufficient cause, thus requiring the trial court to dispose of the matter in accordance with law preferably within a period of three months from today. 4. Ordered accordingly. 5. Disposed of. (Javed Iqbal Wani) Judge SRINAGAR 02.04.2025 “Abdul Rashid” Abdul Rashid Ganaie I attest to the accuracy and authenticity of this document