S. No. 15 Regular Cause List IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CM No. 3017/2025 In CM(M) No. 193/2025 Abdul Majeed Tantray and Anr. …Appellant/Petitioner(s) Through: Mr. Sheikh Manzoor, Advocate Vs. UT of J&K through SHO P/S Kupwara and Anr. ...Respondent(s) Through: Mr. Ilyas Nazir Laway, GA CORAM: HON’BLE MR JUSTICE VINOD CHATTERJI KOUL, JUDGE O R D E R 19.05.2025 CM No. 3017/2025: 1. Prayer made for dispensing with requirement of placing on record certified copy of challan with respect to FIR No. 98/2020, is granted. However, applicant shall place it on record within one week. CrlM No. 3017/2025 is disposed of. CM(M) No. 193/2025 & CM No. 3018/2025: 2. Petitioners seek quashment of challan/criminal case titled “State through SHO P/S Kupwra vs. Abdul Majeed Tantray and Anr.” pending before the Court of Judicial Magistrate 1st Class (Munsiff), Kupwara, or in alternative, to direct the said court to conduct the trial in a speedy manner. 3. The case set up by the petitioners is that petitioner No.1 is working as Master in School Education Department while as the petitioner No.2 is pursuing Ph.D. in Soil and Water Conservation Engineering in Sheri- Kashmir University of Agricultural Sciences and Technology (SKUAST). The FIR No.98/2020 has been registered before SHO P/S Kupwara, under Sections 341, 323, 326 IPC, against the petitioners, on the basis of false and frivolous application/complaint filed by respondent No.2 on 06.05.2020 and challan was presented before the Court of Judicial Magistrate 1st Class (Munsiff), Kupwara, on 17.12.2020, in which prosecution has listed total 08 witnesses. 4. It is submitted by learned counsel for the petitioners that prosecution has miserably failed to bring and produce the witnesses before the court and for a period of more than five years, only three witnesses out of eight witnesses till date have been brought and examined before the Court. He further submits that petitioners were in fact falsely implicated in a criminal case at the instance of respondent No.2, purely on animosity arising out of neighborhood dispute. It is submitted by learned counsel for the petitioners that petitioners have a right of speedy trial as enshrined under Article 21 of the Constitution of India. It is further submitted by him that petitioners would feel satisfied if the Court of Judicial Magistrate 1st Class (Munsiff), Kupwara, is directed to conclude the trial within a particular time period. 5. Mr. Ilyas Nazir Laway, GA, on asking of the Court, has appeared and submitted that respondent-prosecution would produce the remaining witnesses within a period of two months. 6. Viewed in the above context, it will be futile to keep this petition pending on board and the same is, accordingly, disposed of with a direction to respondent No.1 to produce the remaining witnesses before the Court of Judicial Magistrate 1st Class (Munsiff), Kupwara, within two months who after recording the evidence of the witnesses, shall conduct the speedy trial in the matter and decide the same within a period of three months from the date copy of this order is made available to him. 7. Disposed of as above. (VINOD CHATTERJI KOUL) JUDGE SRINAGAR 19.05.2025 Manzoor Manzoor Ul Hassan Dar I attest to the accuracy and authenticity of this document Srinagar 21.05.2025 17:34