Shahbaz Ali vs Union Territory Through Police on 11 March, 2026

    0
    38
    ADVERTISEMENT

    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.

    SPONSORED

    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



    Source link

    LEAVE A REPLY

    Please enter your comment!
    Please enter your name here