Muneeb Ahmad Shah And Anr vs Ut Of J&K And Ors
2025 Latest Caselaw 773 J&K/2

Jammu & Kashmir High Court - Srinagar Bench

Muneeb Ahmad Shah And Anr vs Ut Of J&K And Ors on 19 February, 2025

                                                                                 Serial No. 77
                                                                                 Suppl. cause list
                    IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                                       AT SRINAGAR
                                                    WP(C) No. 314/2025

                Muneeb Ahmad Shah and Anr.
                                                                      ..... Appellant/petitioner(s)
                                                 Through: -
                                      Mr. Mohammad Ashraf Malik, Advocate

                                                            V/s
                UT of J&K and Ors.

                                                                               ..... Respondent(s)

Through: -

CORAM:

HON'BLE MR JUSTICE MOHD YOUSUF WANI, JUDGE (ORDER) 19.02.2025

The case of the petitioners/accused in nutshell is that they came to be

arrested in connection with FIR No. 24/2022 of Police Station Baramulla,

registered under Section 307 IPC on 13.02.2022 on the allegation of

attempting to commit the murder of one Mushtaq Ahmad Ganie S/o Ali

Mohammad Ganie R/o Kanlibagh, Baramulla (hereinafter referred to as

deceased). Subsequently, the petitioners came to be admitted to bail by the

competent Court on 25.02.2022, but unfortunately due to the subsequent

death of the deceased, the offence under Section 307 IPC was substituted by

the one under Section 302 IPC and the petitioners were re-arrested in the

case. That in the meantime, the Investigating officer presented the final

report under Section 173 of the Code before the learned trial Court and the

formal charges under Section 304-1 IPC came to be framed against the

petitioners/accused on 06.02.2023. That however, the UT of J&K, assailed

the order regarding framing of charge against the petitioners/accused under

Section 304-1 IPC, before this Court and this Court vide its Judgment/order

dated 04.06.2024, directed framing of charges against the petitioners under

Section 302 IPC, which is reported to have been done on 04.07.2024 by the

learned trial Court.

It is contended by the petitioners in the instant petition that no

prosecution witness has been till date examined and the learned trial Court

ought to have conducted an expeditious trial of the case having regard to the

fact that the petitioners are facing detention in the case since February, 2022.

As according to learned counsel for the petitioners, the accused have

fundamental right to speedy trial guaranteed under Article 21 of the

Constitution of India. Learned counsel while making a reference to a latest

Judgment of the Hon'ble Supreme Court, submitted that, the instant case can

be disposed of at this threshold stage by passing appropriate directions

regarding holding of expeditious trial in the case.

In the facts and circumstances of the case, this Court is of the opinion

that admittedly as contended by the learned counsel for the petitioners,

instant petition can be disposed of at this threshold stage by passing of

appropriate directions regarding expeditious trial of the case.

Accordingly, instant petition is disposed of with a direction to the

learned trial Court to conduct an expeditious trial in the case concerned and

make an endeavour to hear the case on weekly basis.

Disposed of along with connected CM(s).

(MOHD YOUSUF WANI) JUDGE SRINAGAR 19.02.2025 "Mohammad Yasin Dar"