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2025 DAILYLAW 8500 (JK)

MOHAMMAD YAQOOB KHAN v. UNION TERRITORY OF J AND K TH.S.H.O P/S PARIMPORA (HOME) AND ANR

CRM(M)/452/2025 · 2025-08-19

Javed Iqbal Wani

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Serial No. 02 Regular Cause List. HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CRM(M) 452/2025 MOHAMMAD YAQOOB KHAN. …Petitioner(s)/Appellant(s) Through: Ms. Masooda Jan, Advocate VERSUS UNION TERRITORY OF J&K TH. S.H.O P/S PARIMPORA AND ANR. …Respondent(s) Through: None. CORAM: HON’BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE. ORDER 19.08.2025 1. The petitioner has invoked inherent power of this Court, enshrined in Section 528 BNSS for seeking a direction upon the trial court being the Court of 2nd Additional Sessions Judge Srinagar, for speedy trial of the charge sheet arising out of FIR No. 233/2012 registered with Police Station Parimpora, Srinagar. 2. It is stated in the petition that the petitioner has been implicated as an accused in the said FIR and, is facing trial therein the said case before the trial court wherein out of 12 listed witnesses, only 3 witnesses so far have been examined, however, it is nowhere either pleaded in the petition as to on what grounds and for which reasons the relief prayed for in the petition is made, instead in the grounds urged in the petition the petitioner has questioned the registration of FIR as also his implication therein the said FIR on baseless and frivolous grounds and which allegations do not even disclose the commission of any offence including those shown in the FIR against the petitioner. 3. A closer examination of the petitioner reveals that the petition is loosely and poorly drafted and notwithstanding that, upon its consideration on the previous date a report from the trial court was sought in order to ascertain as to whether the trial of the case is being delayed and not conducted speedily, in response whereof a report has been received from the Trial Court today, a bare perusal of which reveals that the case was initially pending trial before the Court of Principle District and Session Judge, Srinagar whereafter it came to be transferred to the Court of 2nd Additional District and Sessions Judge, Srinagar, i.e. the present Trial Court and is fixed on 13th of September 2025 for recording the prosecution evidence. The said report is taken on record. 4. Having regard to the prayer made in the petition by the petitioner and in the interest of justice the petition is disposed of with the direction to the Trial Court to make an endeavour to conduct the trial of the case speedily without any delay. 5. Disposed of. 6. Registry to send down a copy of this order to the Court below. (JAVED IQBAL WANI) JUDGE SRINAGAR 19.08.2025 Sabreena