State Of J&K & Ors vs Mohammad Hafiz Rafiquee
2024 Latest Caselaw 1557 j&K/2

Jammu & Kashmir High Court - Srinagar Bench

State Of J&K & Ors vs Mohammad Hafiz Rafiquee on 10 October, 2024

Author: Rahul Bharti

Bench: Rahul Bharti

                                                                S.No.04
                                                                Regular List

        HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                       AT SRINAGAR
                             OWP No. 864/2006
State of J&K & Ors.

                                                  ...Appellant/Petitioner(s)

              Through: Mr. Mohsin Qadri, Sr.AAG.

                                   Vs.

Mohammad Hafiz Rafiquee
                                                        ...Respondent(s)

              Through: Mr. Ahmad Javaid, Advocate.

CORAM: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE

                             ORDER

10.10.2024

Reading of the order dated 29.08.2024 gives an impression that Ghulam Rasool Magray, the petitioner in OWP No.749/2006 was co-accused in FIR No.21/2001 which is against the respondent, whereas the fact is that Ghulam Rasool Magray was an accused in FIR No. 40/2003 in the context of which the judgment dated 04.07.2007 in OWP No. 749/2006 came to be passed.

At the best, the reference of learned counsel for the respondent to the judgment in OWP No. 749/2006 can be that of parity on the fact position so as to draw support to the case of the respondent to answer the petitioners' case to which the petitioner has every right to counter and submits that the judgment in OWP No. 749/2006 is not applicable in terms of its ratio to the present case.

To this effect the order dated 29.08.2024 shall stand clarified leaving it for the petitioner to submit an affidavit about the status of the case in respect of FIR No.21/2001 going on against the respondent.

Needful shall be done by or before next date of hearing. List on 05.11.2024.

( RAHUL BHARTI ) JUDGE Srinagar 10.10.2024 Muzammil. Q