S. No. 231

HIGH COURT OF JAMMU AND KASHMIR

AT JAMMU

CPCR No. 2/2014 in

[CRMC No. 210/2013]

Mukhtar Ahmad and another

...Petitioner(s)

Through :- Mr. Ajaz Chowdhary, Advocate

v/s

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Mubassir Latifi, S. P. Rajouri and others

.....Respondent (s)

't

Through :- None

Coram:

HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE

ORDER

1.

This is a petition seeking initiating of contempt proceedings against

the respondents for willful disobedience and non-compliance of the order dated

03.02.2014, whereby a direction was given to the respondents not to finalize the

investigation.

2.

It is alleged by the petitioners that despite the concerned

Investigating Officer being aware of the fact that there is a stay from this Court,

he issued notice to the petitioners to remain present in the court of learned

Sessions Judge, Rajouri for presentation of the challan.

3.

Respondent Nos. 1 to 4 have filed the statement of facts and stand taken is

that the investigation in the matter had been completed in the year 2013 itself.

However, the challan prepared by the Police Station, Rajouri vide Final Report

No. 120/2013 dated 09.05.2013 could not be produced in the Court of law as the

accused had evaded their presence. It is further submitted that on 19.04.2014,

2 CPCR No. 2/2014

respondent Nos. 3 & 4 wrote a docket to the accused persons to appear in the

Court of Sessions Judge, Rajouri on 23.04.2014 for production of challan. They

were also informed telephonically in this regard. However, on 23.04.2014, notice

was received through DAK from Advocate Ajaz Chowdhary of the High Court

of J&K, not to produce the challan in the court below as investigation was stayed

by the Hon’ble High Court. On the directions of the High Court, the challan in

the case has not been produced in any Court of law and is pending with the

Police.

4.

In view of the aforesaid stand of the respondents, I am of the view

that no case for initiating the proceedings against the respondents is made out,

and the contempt petition is dismissed, accordingly.

(SANJEEV KUMAR)

JUDGE

JAMMU

17.02.2021

Shivalee

Whether the order is speaking:

Yes/No

Whether the order is reportable:

Yes/No