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Jammu & Kashmir High Court - Srinagar Bench

State Of Jk & Ors vs Abdul Wahid Mir on 11 May, 2022

Bench: Ali Mohammad Magrey, Puneet Gupta

                                                               Serial No. 18
                                                              Regular Causelist

      HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                     AT SRINAGAR
                                                           LPA No. 176/2019
                                                           CM No. 4593/2019
State of JK & Ors.
                                                  ... Appellant/Petitioner(s)
                                 Through: -
                           Ms. Aasifa Padroo, AAG.
                                     V/s
Abdul Wahid Mir.
                                                            ... Respondent(s)
                                  Through:-
                          Mr. Wajid Haseeb, Advocate.
CORAM:
             Hon'ble Mr Justice Ali Mohammad Magrey, Judge.
             Hon'ble Mr Justice Puneet Gupta, Judge.
                                   ORDER

11.05.2022 In the instant Letters Patent Appeal, the appellants have challenged the order of learned Single Bench passed on 12th February 2019 in HCP No. 178/2019, in terms whereof, the order of Director General, Prisons, having reference to shifting of the undertrial from Sub Jail, Baramulla to District Jail Udhampur, stands quashed.

In terms of order dated 12th April 2021, the counsel for the appellants was directed to submit record pertaining to decision taken by the competent authority to shift the undertrial from District Jail, Baramulla to District Jail Udhampur.

On last three hearings, further time was sought by the counsel for the appellant to submit the record and assist the Court.

Today also, the counsel for the appellant is not available with records.

Pending decision in the appeal, the counsel for the respondent submits that Director General, Prisons has again passed an order for shifting the undertrial from Sub Jail, Baramulla to Poonch.

In view of the approach adopted by the appellants, there shall be no difficulty for the Court but to dismiss this appeal for non-cooperation and assistance of the counsel for the appellants. However, at this stage, Ms. Asifa Padroo, learned AAG enters appearance and undertakes proper assistance and submission of records on the next date of hearing.

List on 1st July 2022.

                                     (Puneet Gupta)                (Ali Mohammad Magrey)
                                          Judge                           Judge
           SRINAGAR
           11.05.2022
           "Hamid"




ABDUL HAMID BHAT
2022.05.11 16:16
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integrity of this document