Jammu & Kashmir High Court
Mohd. Ashraf Zargar vs State & Ors on 29 November, 2022
Author: Rahul Bharti
Bench: Rahul Bharti
Sr.No. 12
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
CRMC No. 312/2013
IA No. 375/2013
Mohd. Ashraf Zargar ....Petitioner/Appellant(s)
Through :- None.
V/s
State & ors. ....Respondent(s)
Through :- Mr. Adarsh Bhagat, GA
Coram: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE
ORDER
29.11.2022 In the present petition, the respondent no. 3-Dr. Rehmatullah S/o Habibullah has expired. This fact is gatherable from OWP no. 894/2013 titled "Dr. Rehmatullah vs. State of J&K & ors". In the said writ petition-OWP No. 894/2013, respondent no. 3 herein- Dr. Rehmatullah had sought the transfer of investigation under FIR No. 153/2012 dated 09.07.2012 to the State Vigilance Organization/Crime Branch.
In this petition, the petitioner is seeking quashment of very said FIR No. 153/2012 of which the respondent no. 3- Dr. Rehmatullah was seeking transfer of investigation through his writ petition-OWP No. 894/2013.
The present petition is rendered infructuous on account of the fact that this Court, vide an order dated 30.07.2013 passed in OWP no. 894/2013, had directed the investigation in FIR no. 153/2012 to be carried out by a highly experienced and skilled officer to be nominated by DIG-Doda/Kishtwar/Ramban range. Pursuant to the said direction of this Court, the investigation was carried 2 CRMC No. 312/2013 out by the officer so appointed resulting in filing of a police report (challan) bearing no. 114/2021 dated 27.10.2021 against M/s Sheikh Abdul Hafiz, Mohd. Ashraf Zargar and Sukesh Kumar, Zakir Ali, Showket Ali, Abdul Latief Shah and Abdul Rashid Dar.
In view of this development whereby the petitioner has come to be named as one of the co-accused in the said challan, the present petition is rendered infructuous.
The present petition is dismissed along with connected application.
(RAHUL BHARTI) JUDGE JAMMU 29.11.2022 NARESH/PS