Muneer Aziz War vs J&K Ut Through Police Station
2021 Latest Caselaw 813 j&K/2

                                                        Serial No. 137
                                                         Suppl. List

    IN THE HIGH COURT OF JAMMU & KASHMIR AND
              LADAKH AT KASHMIR

                                            WP(C) No. 1414/2021
                                             CM No. 4816/2021


Muneer Aziz War
                                                   ..... Petitioner(s)
                           Through: -
                    Mr. Musavir Mir, Advocate
                                     V/s

J&K UT through Police Station, Batamaloo Srinagar
                                               ..... Respondent(s)

Through: -

Mr. B. A. Dar, Sr. AAG CORAM:

Hon'ble Mr Justice Ali Mohammad Magrey, Judge

(ORDER) 28.07.2021

Petitioner, as stated is facing trial in case FIR No. 59/2012,

pending before the Court of Additional District and Sessions Judge,

Srinagar, since 2012. It is stated that no progress is shown in the

proceedings of the case and the petitioner's fundamental rights

guaranteed under Article 21 of the Constitution of India stands

violated, because right to speedy trial may resulting in complete

justice between the parties. Learned counsel appearing for the

petitioner referred to and relied upon the Judgment of Hon'ble

Supreme Court in case titled A. R. Antulary Vs. R. S Nayak in this

regard.

The Court cannot in the proceedings under Section 226,

monitor the trial of the accused pending before the Court of

Additional District and Sessions Judge, Srinagar. There are instructions for expediting the trial of cases where the accused are in

jail for a quite long time.

In view of above, this writ petition being without merit, shall

stand dismissed along with connected CM(s). However, with liberty

to petitioner to approach the Court below with copy of this order, and

the Court below shall register the observations made for expediting

the trial.

(Ali Mohammad Magrey) Judge

SRINAGAR 28.07.2021 "Mohammad Yasin Dar"

MOHAMMAD YASIN DAR 2021.07.29 10:47 I attest to the accuracy and integrity of this document