Jammu and Kashmir High Court
CRM(M)/756/2023 of MUNEER AHMAD DAR Vs MASRAT MAJEED AND ANR. on 30 December 2023
47 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CRM(M) 756/2023 CrlM(1734/2023) MUNEER AHMAD DAR …Petitioner/Appellant(s) Through: Mr. Aijaz Ahmad Bhat, Advocate. Vs. MASRAT MAJEED AND ANR ...Respondent(s) Through: CORAM: HON’BLE MR JUSTICE JAVED IQBAL WANI, JUDGE O
S. No. 47
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKHAT SRINAGAR
CRM(M) 756/2023 CrlM(1734/2023)
…Petitioner/Appellant(s)
MUNEER AHMAD DAR
Through: Mr. Aijaz Ahmad Bhat, Advocate.
Vs.
MASRAT MAJEED AND ANR
...Respondent(s)
Through:
CORAM:
HON’BLE MR JUSTICE JAVED IQBAL WANI, JUDGE
O R D E R
30.12.2023
In the instant petition the petitioner seeks quashment of order dated 07.07.2022 passed by the Court of Judicial Magistrate 1[st] Class, Ganderbal, in case titled as ‘Mst. Masarat Majeed Vs. Muneer Ahmad Dar and Ors.”filed under Section 12 of the Prevention of Domestic Violence Act, 2005, besides seeking quashment of complaint.
Perusal of the record of the proceedings reveals that the petitioner prior to the filing of instant petition had approach this Court earlier through the medium of CM(M) No. 579/2022 challenging the same order dated 07.07.2022 which petition came to be disposed of with a direction to the Magistrate to decide the application of the respondents herein after considering objections filed thereto by the petitioner.
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Ironically the petitioner has questioned the same order in the instant petition without indicating therein as to under what circumstances as to how the same order is being challenged in the instant petition. The petition prima-facie is misconceived besides being not maintainable. The petition accordingly is dismissed with costs of Rs. 1000/- to be deposited by the petitioner before the Judicial Magistrate 1[st] Class Ganderbal within 15 days time from the date of passing of this order.
A copy of this order be send to Judicial Magistrate 1[st] Class Ganderbal by the Registry for information.
SRINAGAR 30.12.2023Ishaq
(JAVED IQBAL WANI)
JUDGE
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