Sr. No. 106 Supp. List IN THE HIGH C0URT 0F JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 2442/2025 CM(6491/2025) WASEEM RAJA BHAT …Petitioner(s)/appellant(s) Through: Ms Asifa Padroo, Advocate Vs. UT OF JK & ORS ...Respondent(s) Through: CORAM: HON’BLE MR JUSTICE MOHD YOUSUF WANI, JUDGE O R D E R 07.10.2025 1. Heard Ms. Asif Padroo, learned counsel for the petitioner. 2. The short grievance of the petitioner, as agitated through the medium of the instant petition filed under the provisions of Article 226 of the Constitution of India, is that he purchased a HyundaiHydraulicExcavator in 2022 for an amount of Rs. 59 lacs, which was insured with the respondent No. 5, i.e., United India Insurance Company Limited, against Policy No. 1141041423P110111224, valid for the period commencing from 15.11.2023 to midnight of 14.11.2024. That, unfortunately, on 25.03.2024, the machine got irreparably damaged in a stone-slide accident at Dakri nearSaifco Cement Factory, which, as a consequence, also took the life of a worker. That FIR No. 26/2024 under Sections 188 and 304 IPC came to be registered in respect of the incident with the Police Station Pantha Chowk. That instead of timely settlement of the petitioner’s insurance claim, the respondent No. 5 (Insurer) withheld the same,citingthe pendency of FIR No. 26/2024 registered at Police Station, Pantha Chowk as a reason. That during the course of the investigation in the said case FIR, the Investigating Officer (IO) of the case came to be trapped on the spot while acceptingbribe upon prior demand, leading to registration of the FIR No. 13/2024 with the Anti Corruption Bureau against the said IO of the case. That the investigation in the case FIR No. 26/2024 has not been concluded despite lapse of more than a year, which has consequently stalled the petitioner’s insurance claim pending before the respondent No. 5. That he has availed a substantial bank loan for the purchase of the aforesaid machine and, as such, has been facing acute hardship owing to his inability to repay the loan amount and to also earn his livelihood. 3. The petitioner has accordingly prayed for issuance of writs/directions in the nature of mandamus for commanding upon the respondent No. 4 to complete the investigation in the case FIR No. 26/2024 registered with his Police Station, and respondent No. 5 to immediately process his pending insurance claim notwithstanding the pendency of the investigation in case FIR No. 26/2024 of Police Station Pantha Chowk. 4. In the facts and circumstances of the case, and especially having regard to the relief sought for in this petition, this Court is of the opinion that the matter can be disposed of at this stage by passing of such appropriate orders which are not likely to prejudice the interests of any of the parties. 5. Not only the right to speedy trial but also the right to a speedy investigation is the fundamental right of a citizen guaranteed under Article 21 of the Constitution of India. There is no reason to disbelieve the petitioner’s contention that he has been badly suffering on account of the pendency of the investigation in FIR No. 26/2024 registered with the Police Station Pantha Chowk since more than a year. 6. The insurance claim of the petitioner is reported to have been stalled by the respondent No. 5, (Insurer) owing to the pendency of the investigation in the aforesaid case FIR. There is otherwise no legal bar for the respondent No. 5, i.e. United India Insurance Company Limited, to process the insurance claim of the petitioner in accordance with law notwithstanding the pendency of the investigation in the aforesaid case FIR. 7. The instant petition is accordingly disposed of with the direction to respondent No. 4-SHO, Police Station, Pantha Chowk, Srinagar, to immediately conclude the investigation in the case FIR No. 26/2024 registered with his Police Station and to present the final report/challan, if any, contemplated before the competent Court. The respondent No. 5 is also directed to immediately process the pending insurance claim of the petitioner for the finalization of the same. This order shall be forwarded for compliance of the respondents 4 & 5, who shall submit individual status reports to the Registry of this Court within a period of four weeks. 8. Disposed of. (MOHD YOUSUF WANI) JUDGE SRINAGAR 07.10.2025 ARIF