Danish Mushtaq Itoo And Anr vs Ut Of J&K And Ors
2024 Latest Caselaw 1280 j&K/2

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