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2026 DAILYLAW 2387 (JK)

COURT ON ITS OWN MOTION v. ABDUL WAHEED SHAH AND ANOTHER (POLICE / HOME)

CCP/5/2026 · 2026-07-28

Sanjay Dhar

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Serial No. 61 Regular Cause List. HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR ******* CCP 5/2026 in[CRM(M) 100/2026] c/w i)CRM(M) 100/2026 CrlM(229/2026). COURT ON ITS OWN MOTION. …Petitioner (s) Through: Mr. Danish Majid, Advocate. VERSUS ABDUL WAHEED SHAH AND ANOTHER. Through: Mr. M. Younis Hafeez, Assisting Counsel. …Respondent(s) CORAM: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE. ORDER 28-07-2026 CRM(M) No. 100/2026. 01. Xerox copy of the challan arising out of the impugned FIR is stated to have been filed before the court of learned Special Judge Anti-Corruption, Srinagar, is directed to be summoned. 02. Issue notice to the private respondent through concerned Police Station. 03. List on 15.09.2026 along with CRM (M) No. 632/2025 04. Interim direction, if any, in force as on date shall continue till next date of hearing before the Bench. 05. In the meanwhile, respondents are at liberty to file response. CCP No. 5/2026 in CRM (M) No. 100/2026. 01. It appears that in the connected petition bearing CRM(M) No. 632/2025, this Court, vide order dated 16.10.2025, had permitted the investigating agency to proceed ahead with the investigation of the case but it was provided that presentation of the charge-sheet shall be subject to the permission of this Court. 02. When the CRM (M) No. 100/2026, came to be filed by the petitioners before this Court, it was brought to the notice of this Court by the learned counsel for the petitioner that the respondents, in violation of the interim order dated 16.10.2025 passed in CRM (M) No. 632/2025, presented the charge-sheet before the competent Court without seeking permission from this Court. Accordingly, a show cause notice was issued to the respondents asking them to explain as to why they should not be proceeded for having committed contempt of Court. 03. The reply to the show cause notice has been filed by the respondents, in which it has been submitted that investigation in FIR No. 23 of 2019 had been completed in the year 2023, whereafter, sanction for prosecution was accorded by the Government vide Government Order dated 12.08.2025. It has further been submitted that duly signed and sealed charge-sheet was submitted online before the Trial Court on 14.10.2025 and that the hard copy of the charge-sheet along with the record, was received by the court on 16.10.2025. 04. Having regard to the fact that the charge-sheet had been filed by the respondents prior to the passing of the interim order dated 16.10.2025, it cannot be stated that the respondents have wilfully violated any order of this Court. 05. Accordingly, the show cause notice is dropped and the contempt proceedings are closed. (Sanjay Dhar) Judge SRINAGAR 28-07-2026 Showkat Khan