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2017 Supreme(Online)(J&K) 3

IN THE HIGH COURT OF JAMMU AND KASHMIR AND LADAKH
TASHI RABSTAN, J
Nazir Ahmad Dalal and Others v. Union of India and Others


1. This writ petition came up for consideration on 6th April 2016. During course of argument, its maintainability was a starting - point preliminary objection fervently taken by learned counsel for respondents. Having taken preliminary objection as regards maintainability of writ petition and on consensus of learned counsel for parties, the writ petition was heard and reserved for orders.

2. Instant Writ Petition has been filed under Art.226 of the Constitution of India and S.103 of the Constitution of Jammu and Kashmir . Petitioners seek issuance of writ of certiorari to quash order dated 28th May 2014 passed by Chief Judicial Magistrate, Srinagar, (for brevity 'Trial Magistrate'), besides other reliefs. It would be advantageous to reproduce the relief sought by petitioners in writ petition;

a) Issue a writ of certiorari [or] any other appropriate writ to the Hon'ble CBI Court Srinagar, to quash the aforesaid decision / order dated 28 May 2014

b) Issue a writ of mandamus directing the Court of Inquiry to transfer the proceedings to the CBI Court for taking cognizance;

c) Direct the CBI Court to resume jurisdiction subject to the procedure established by law;

d) Issue a writ of mandamu


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