Jammu and Kashmir High Court
CRM(M)/698/2019 of DEV RAJ AND ANR Vs UNION TERRITORY OF J AND K TH SHO POLICE STATION MIRAN SAHIB AND ANR on 31 December 2019
OF JAMMU AND KASHMIR AT JAMMU CRM(M) No. 698/2019 CRLM No. 1654/2019 Date : 31.12.2019 Dev Raj and another .....Petitioner(s) Through :- Mr. Himanshu Beotra, Advocate. V/s Union Territory of J&K and another .....Respondent(s) Through :- Mr. Amit Gupta, AAG. Coram: HON’BLE MR. JUSTICE
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU
CRM(M) No. 698/2019 CRLM No. 1654/2019
Date : 31.12.2019
Dev Raj and another
.....Petitioner(s)
Through :-Mr. Himanshu Beotra, Advocate.
V/s
Union Territory of J&K and another
.....Respondent(s)
Through :-Mr. Amit Gupta, AAG.
Coram: HON’BLE MR. JUSTICE TASHI RABSTAN, JUDGE
JUDGMENT(ORAL)
Notice.
Mr. Amit Gupta, learned AAG waives notice on behalf of respondent No. 1.
The petitioners in this writ petition have questioned the First Information Report No. 60/2017 dated 19.04.2017 registered with the Police Station, Miran Sahib, Jammu as well as the order dated 29.10.2019 passed by the learned Additional Special Mobile Magistrate, R.S. Pura, whereby application of the petitioners for dropping of charges has been rejected.
After arguing for a while, learned counsel for the petitioners submits that he wants to withdraw the petition provided a direction be given to the learned Additional Special Mobile Magistrate, R.S. Pura to allow the petitioners to argue on the issue of charge at the time of framing of charges and
2
also the observations made in the order dated 29.10.2019 shall not come in the way. Submission allowed.
Accordingly, this writ petition is dismissed as withdrawn. It is provided that the petitioners may agitate and put forth their arguments for discharging the petitioners at the time of framing of charges before the learned Additional Special Mobile Magistrate, R.S. Pura, and the learned Additional Special Mobile Magistrate, R.S. Pura shall hear the learned counsel for the petitioners uninfluenced by the order dated 29.10.2019. It is further provided that in case the trial Court has already framed the charges, the petitioners are at liberty to agitate the charges, if any, framed as well as the FIR. However, it is made clear that this Court has not expressed any opinion on the merits of this case.
Jammu 31.12.2019 Pawan Angotra
(Tashi Rabstan) Judge
Whether the order is reportable? : Yes/No Whether the order is speaking? : Yes/No