Jammu & Kashmir High Court – Srinagar Bench
Shahbaz Ali vs Union Territory Through Police on 11 March, 2026
Serial No. 5
Regular Cause List
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
CrlM/16/2026 in CRM(M)/9/2026
Shahbaz Ali
...Petitioner(s)/Appellant(s).
Through: Mr. Aatir Javed Kawoosa, Advocate.
Vs.
Union Territory Through Police
Station Awantipora
...Respondent(s).
Through: None.
CORAM:
HON'BLE MR. JUSTICE MOHD YOUSUF WANI, JUDGE
ORDER
11.03.2026
1. There is no representation on the part of the respondent.
2. Heard the learned counsel for the applicant/petitioner in respect of
his prayer for grant of relief in the interim application bearing No. CrlM
16/2026.
3. The learned counsel during his arguments, inter alia, submitted that
the applicant/petitioner has got a strong prima facie case made out in his
favour who is sure to succeed at the proceedings of this petition. That on
31.03.2025, the petitioner along with his wife was travelling from
Srinagar to Anantnag in a vehicle bearing Registration No. JK01AS-5702
of the make KIA Seltos when, all of a sudden, a motorcycle bearing
Registration No. JK01AK-7532 which was being driven by One-Waseem
Akram, struck the vehicle of the petitioner at Chandpora crossing
resulting in injuries to his wife as well as to the motorcycle rider and the
pillion rider. That the offending motorcycle was being plied rashly and
negligently while performing stunts on the same having kept the number
plate of the same masked. That the offending motorcycle was being plied
without the vehicle documents and the driving license. That the petitioner
immediately took her wife for treatment to the hospital. That, in the
meantime, he astonishingly came to know that an FIR has been registered
by the respondent-Police Station against him in respect of the incident
without there being any involvement on his part. That he cooperated with
the Investigating Officer of the case but still the final report/charge-sheet
in the case FIR was presented before the ld. Trial Court on 28.05.2025.
That no specific allegation stands levelled against the petitioner even in
the final report which can disclose the commission of any cognizable
offence much less the offences mentioned in the challan. That the ld. Trial
Court, without appreciating the material on the record, passed the order
dated 10.10.2025 in terms whereof, the petitioner was formally charged
for the commission of the offences punishable under Section 281, 125(b)
of BNS and Section 184 of MV Act.
4. The learned counsel submitted that the holding of the trial against the
petitioner, in the facts and circumstances of the case, has become
oppressive and defeats the ends of justice. The learned counsel submitted
that if, pending final disposal of this petition, the trial Court proceedings
are not stayed, this petition shall become infructuous.
5. He further contended that holding of the trial in the case is likely to
take much time and given regard to the innocence of the petitioner, the
same is likely to violate his Fundamental Rights especially guaranteed
under Article 21 of the Constitution of India.
6. The learned counsel for the respondent is directed to appear in the
matter positively on the next date of hearing so that effective proceedings
are taken in this case towards its final disposal.
7. List on 3rd April, 2026.
8. In the meantime, subject to any vacation/modification upon the
consideration of response/arguments of the other side and till next date of
hearing, the further proceedings on the trial case shall remain stayed.
(MOHD YOUSUF WANI)
JUDGE
SRINAGAR
11.03.2026
Shahid Manzoor