STATE OF J&K Vs. MUSHTAQ AHMAD PARRAY

JUDGEMENT

(1.) The instant suo moto proceedings owe their origin to a complaint made by one Mohammad Farooq, Vice Chairman, J&K RTI Movement, addressed to Hon'ble Mr. Justice Muzaffar Hussain Attar, Former Judge of this Court. It seems that the said complaint was forwarded by Hon'ble Mr. Justice Ali Mohammad Magrey to Hon'ble the Chief Justice in terms of his Do letter dtd. 8/6/2015. It was highlighted in the said letter that the Presiding Officer of the Court of Principal Sessions Judge, Budgam, has, without affording sufficient opportunities to the prosecution to produce witnesses in a case arising out of FIR No.210/2011 for offences under Sec. 420, 467, 468, 409 and 109 RPC registered with Police Station, Beerwah, proceeded to close the prosecution evidence. The letter was endorsed by Hon'ble the Chief Justice to the Hon'ble Judge holding the roster and, accordingly, these suo moto proceedings were registered. Notice was issued to the learned Advocate General as also to the accused and the original record was called from the Court of Principal Sessions Judge, Budgam. This was done vide order dtd. 10/6/2015.

(2.) Counsel for the State as well as counsel for the accused put in their appearance and it was submitted by learned counsel for the accused that the accused have challenged another FIR bearing No.26/2014 for offences under Sec. 5(2) of J&K Prevention of Corruption Act and Sec. 120-B of RPC registered with Police Station, Vigilance Organization, Kashmir, and the subject of the said FIR is the same allegations which are the subject matter of challan pending before the Court of Principal Sessions Judge, Budgam. On the basis of this statement of learned counsel for the accused, the file titled 'Dr. Fayaz Ahmad Banday and Ors. Vs. State and anr' (CRMC No.53/2019) was clubbed with the instant suo moto revision petition.

(3.) A perusal of the minutes of the proceedings reveals that nobody has been appearing on behalf of the accused in this case for quite some time and today also, none has appeared on their behalf.