Serial No. 123

Supplementary List.

HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT SRINAGAR

CRM (M) No. 277/2023

CrlM No. 697/2023

Caveat No. 1193/2023).

Surjeet Singh

…Petitioner (s)

Through:

Ms Ahra Syed, Advocate.

VERSUS

Sheikh Behzad Khalid.

…Respondent(s)

Through: Mr. M.A. Makhdoomi, Advocate ( Caveat No. 1193/2023)

CORAM:

HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE

ORDER

16.06.2023.

Caveat No. 1193/2023

With the appearance of Mr. M.A. Makhdoomi, learned counsel for the

respondents, the caveat stands discharged.

CRM (M) No. 277/2023

01.

The petitioner through the medium of the instant petition has challenged

order dated 16.05.2023, passed by learned 4^th Additional Sessions Judge, Srinagar,

whereby while issuing notice in a Revision Petition against order dated

20.09.2022 and 21.09.2022, passed by the learned Special Mobile Magistrate,

Srinagar, the learned Revisional Court has stayed the proceedings before the trial

Magistrate

02.

Learned counsel for the petitioner has submitted that the Revision Petition

filed by the respondents against the order of learned trial Magistrate is hopelessly

barred by time and no application for Condonation of Delay has been filed by the

respondents before the Revisional Court but in spite of this, the learned Revisional

Court has entertained the revision petition and issued the notice to the petitioner

herein besides staying the proceedings before the trial court.

03.

Having regard to the fact that the learned Revisional Court has passed only

passed an interlocutory order and has not decided the revision petition finally, the

instant petition can be disposed of at its threshold itself by directing the learned

Revisional Court to decide the revision petition finally in a time bound manner.

04.

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

Revisional Court to decide the revision petition within(15) days from the date a

copy of this order is made available to the said court. The Revisional Court shall,

while deciding the revision petition, also deal with the plea of limitation raised by

the petitioner herein. .

05.

Learned counsel for the parties are directed to appear before the Revisional

Court on 20.06.2022.

06.

Disposed of.

07.

The Registrar Judicial shall convey this order to the Revisional court

forthwith.

(Sanjay Dhar)

Judge

SRINAGAR

16.06.2023

Showkat