High CourtsSingle Bench(2019) 09 J&K CK 0068

Abdul Gani Bhat vs Muzaffar Ahmad Khan

Jammu And Kashmir High Court · Decided on 26 September 2019

HON’BLE JUDGES
Rashid Ali Dar, J
RESULT
Dismissed
CASE NUMBER
Review Petition Criminal (RPCR) No. 197 Of 2011

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Judgment

8 paragraphs · 369 words

Rashid Ali Dar, J

1.

By medium of instant petition, petitioner seeks following reliefs:

"Order dated 25.3.2011 passed in 561-A No.96/2010 may be reviewed and modified. The announcement made in the open court by your honour may get incorporated in the order with further modification that instead of 1 ½ months only one month may be given to the CJM for disposing the case, as the case is now 10 years old and the parties are senior citizens.

It is further prayed that in light of the judgment quoted herein before in LPA No.288/2009, in which the petitioner therein had been imposed two lakhs as costs, the respondent and his advocate Isaaq Qadri in in 561-A No.26/2004, who is responsible for misguiding the respondent and filing a frivolous and vexatious petition in the court, may be imposed exemplary costs so as to send a message to one and all.

The Advocate Ashraf Qadri may be booked for his gross misbehavior on 9.6.2010 against the then 2nd Additional Munsiff Magistrate, Srinagar."

2.

Order dated 25.03.2011 passed in 561-A No.96/2010 reveals that this Court at the relevant time had noted the grievance of the petitioner about the pendency of a criminal complaint for more than nine years. Submission of the petitioner had been recorded that same would be redressed in case trial court is directed to expedite the matter. In the circumstances and in view of the plea raised, the petition was disposed of with a direction to the trial court to take up the matter on priority basis and conclude it expeditiously.

3.

I have heard the petitioner in person and have gone through the averments made in the petition. The petitioner has given a narration of the progress of the case which was pending before JMIC (2nd Additional Munsiff), Srinagar and also made reference of his appearance before the Court when the petition under Section 561-A No.96/2010 was listed.

4.

On summary view of the averments made in the petition, I don't find any error apparent on the face of record or otherwise any sufficient ground made out for reviewing the order passed by this Court. In such view of the matter, petition merits dismissal and is, accordingly, dismissed.