Jammu & Kashmir High Court - Srinagar Bench
Danish Mushtaq Itoo And Anr vs Ut Of J&K And Ors on 23 August, 2024
Author: Sanjeev Kumar
Bench: Sanjeev Kumar
Sr. No. 73
Supp. List
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
LPA No. 213/2024
CM No. 5034/2024
Danish Mushtaq Itoo and Anr. ...Petitioner(s)/Appellant(s)
Through: Mr. Mohammad Mubashir Gattoo, Adv.
Vs.
UT of J&K and Ors. ...Respondent(s)
Through: Mr. Mubeen Wani, Dy. AG
CORAM:
HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE
HON'BLE MR. JUSTICE MOHAMMAD YOUSUF WANI, JUDGE
ORDER
23.08.2024 In this intra court appeal the appellants have called in question the order and Judgment dated 31.07.2024 passed by the learned single Judge of this Court (writ court) in WP (C) No. 1558/2024 whereby the writ petition filed by the appellants herein has been disposed of by directing the Investigating Officer to take into consideration the statement of the appellants recorded before this court and proceed in the matter in accordance with law. The appellants have also been given liberty to avail appropriate remedy for the purposes of seeking validity or otherwise of their marriage.
The short grievance projected by the petitioners/appellants is that because of the Judgment impugned, the right of the appellants to challenge FIR No. 0071/2024 is curtailed though indirectly.
Having heard learned counsel for the petitioners/appellants and perused the material on record, we are of the considered opinion that the Judgment dated 31.07.2024 impugned in this appeal has not restricted and taken away the right of the petitioners/appellants to challenge FIR No. 0071/2024 registered at Police Station, Mattan.
This appeal is accordingly disposed of by providing that it shall be open for the appellants to challenge FIR No. 0071/2024 registered at Police Station, Mattan by availing appropriate remedy as permissible under law.
(MOHAMMAD YOUSUF WANI) (SANJEEV KUMAR)
JUDGE JUDGE
SRINAGAR:
23-08-2024
Sakeena