Mohd. Abbas vs Ut Of J&K And Another
2024 Latest Caselaw 2034 j&K

Jammu & Kashmir High Court

Mohd. Abbas vs Ut Of J&K And Another on 7 October, 2024

                                                                   Sr. No.187



               HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                             AT JAMMU
                                                    CRM(M) No.757/2024
                                                    CrlM No.1563/2024
                                                    CrlM No.1564/2024


Mohd. Abbas                                             ....Petitioner/Appellant(s)

                   Through :- Mr. Ayushman Kotwal, Advocate.


         V/s

UT of J&K and another                                           ....Respondent(s)


                   Through :- None.
Coram: HON'BLE MR. JUSTICE MOHD. YOUSUF WANI, JUDGE

                                  ORDER

(07.10.2024)

On the grounds mentioned in the application supported with an

affidavit coupled with the submissions of learned counsel for the petitioner,

the same is allowed and exemption is granted for filing the certified copy of

the impugned FIR at this stage with the direction to do the needful by the

next date of hearing.

CrlM No.1564/2024 is, accordingly, disposed of.

CRM(M) No.757/2024 and CrlM No.1563/2024

Issue notice to the respondents in the main petition as well as in

the interim application, returnable within four weeks for filing of

reply/objections, subject to taking of requisite steps within a week's time.

Heard learned counsel for the applicant/petitioner in respect of his

prayer for grant of interim relief and considered his submissions. Perused

the application which is supported with a duly attested affidavit. Also

perused the main petition and copies of the documents enclosed with the

same. Learned counsel for the petitioner in support of his arguments placed

reliance on the judgment of Hon'ble Supreme Court in case titled

'Chanchalpati Das V. State of West Bengal and Another'; 2023 SCC

Online SC 650.

List on 11.11.2024.

In the meantime, subject to any vacation/modification upon the

consideration of the objections/arguments and till next date of hearing,

further investigation proceedings in the impugned case FIR shall stay and

the Investigating Officer concerned shall positively produce the CD file for

perusal of this Court in person on the next date.

(Mohd. Yousuf Wani) Judge

JAMMU 07.10.2024 Eva