Jammu & Kashmir High Court - Srinagar Bench
Shabir Ahmad Lone And Anr vs Ut Of Ladakh And Ors on 28 September, 2021
Author: Sanjay Dhar
Bench: Sanjay Dhar
S. No. 169
After Notice Matters
HIGH COURT OF JAMMU &KASHMIR AND LADAKH
AT SRINAGAR
CRM(M) No. 301/2021
CrlM Nos. 1058/2021, 1059/2021 & 1077/2021
Shabir Ahmad Lone and anr. .....Petitioner(s)
Through: Mr. Lone Altaf, Adv.
V/s
UT of Ladakh and Ors. ..... Respondent(s)
Through: Mr. T. M. Shamshi, ASGI.
CORAM:
Hon'ble Mr. Justice Sanjay Dhar, Judge.
ORDER
28.09.2021 CrlM No. 1077/2021:
This is an application seeking impleadment of the complainant namely Mohammad Ali S/o Ghulam Mohammad R/o Shumsha Kharbo District Kargil as respondent to the petition. Another prayer has been made by the petitioner seeking transposition of the petitioner No. 2 as respondent to these proceedings.
For the reasons stated in the application, the same is allowed and Shri Mohammad Ali S/o Ghulam Mohammad R/o Shumsha Kharbo District Kargil is impleaded as respondent No. 5 to the petition whereas the petitioner No. 2 is transposed and impleaded as respondent No. 6 to the petition. The petitioner shall file amended memo of the parties.
CM disposed of.
CRM(M) NO. 301/2021:
Through the medium of instant petition, the petitioner has challenged FIR No. 25/2021 for the offences under Section 363 IPC registered by the Police Station, Drass, Kargil.
AASIF GUL 2021.09.29 06:03 I attest to the accuracy and integrity of this document
Page |2 CRM(M) No. 305/2021 CrlM No. 1058/2021, 1059/2021 & 1077/2021 It is the contention of the learned counsel for the petitioner that the petitioner has entered into wedlock with respondents No. 6 who is a major lady and that the marriage has been soleminised with the consent of the parties. It is further contended that the father of the respondent No. 6, Mohammad Ali the complainant, is not happy with the aforesaied marriage as a result of which, he has lodged a false and frivolous FIR against the petitioner. A copy of the Nikah Namah and copy of the Marriage Agreement to has been placed on record by the petitioner to support his contention.
Having heard learned counsel for the petitioner and having perused the material on record, a case for grant of interim indulgence is made out.
Issue notice to the respondents.
Mr. T. M. Shamshi, learned ASGI enters appearance and accepts notice on behalf of respondents No. 1 to 4. Notice be sent to respondents No. 5 and 6 through concerned Police Station.
Till next date of hearing before the Bench, the proceedings in the impugned FIR shall stay except to the extent that the Investigating Officer shall be at liberty to get the statement of the respondent No. 6 recorded before the concerned Magistrate.
List on 3rd November, 2021.
(Sanjay Dhar) Judge SRINAGAR 28.09.2021 "Aasif"
AASIF GUL 2021.09.29 06:03 I attest to the accuracy and integrity of this document