Application For Cancellation of Warrant

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IN THE COURT OF 2nd ADDL.

MUNSIFF/JUDICIAL MAGISTRATE
Ist CLASS, SRINAGAR.

1. U.T of J&K.

VERSUS

1. Mir Hussain,
S/o Atta Mohammad
R/o Mander, Poonch A/P Gujar Nagar
Jammu, (SI now Retd. DySP)
(Complainant of case FIR No. 88/1996 of P/S Khanyar).

IN THE MATTER OF: -


Application for cancellation of
warrant issued by this Honble
Court vide its order dated- 29-11-
2023.

MAY IT PLEASE YOUR HONOUR;


The applicant most respectfully submit as under:-
1. That warrant was issued against
applicant by this Honble Court vide its order dated 29-11-
2023 in pursuance to case titled U.T of J&K through SHO
Police Station Khanyar, Srinagar v/s Mohd Ramzan Bhat
and Ors bearing No. 184/2nd Addl.
2. That the above said trial was
transferred to 2nd Addl. Munsiff on 20-12-2023, then to
Chief Judicial Magistrate on 23-12-2023, then to Sub-
Registrar on 29-12-2023 and the matter is pending before
Sub-Registrar and the next date of hearing is fixed for 02-
03-2024.
3. That on 25-03-2021, the applicant
could not appear before this Honourable Court in time, due
to which, his non bailable warrant of arrest was issued by
this Honourable Court.
4. That non appearance of the
applicant on the last date of hearing was because of his
serious medical illness still persists. Moreover it is pertinent
to mention here that the applicant herein never received any
warrant from the concerned authority. It was on account of
a visit of a friend in the house of applicant who shared the
news of Non-bail-able warrant against the applicant. Copy of
medical report of the applicant is enclosed herewith and
marked as ANNEXURE-AI.
5. That the applicant is a law-abiding
citizen who has served the Police deptt for almost 40 years
and was retired as DySP, he shall abide by the orders of the
court.
6. The absence of applicant was
neither willful nor deliberate but due to the reasons stated
above.

IN THE PREMISES,

It is, therefore, respectfully prayed that the


instant petition be accepted/allowed and non-bailable
warrant of arrest of the applicant may kindly be cancelled,
in the interest of justice, equity and fairplay.

THE APPLICANT
THROUGH COUNSEL
DATED:

Mohd Nayeem Choudhary

Ahtsham Ul Haq

ADVOCATES
J&K High Court
JAMMU
IN THE COURT OF 2nd ADDL. MUNSIFF/JUDICIAL MAGISTRATE
Ist CLASS, SRINAGAR.

U.T of J&K V/s Mir Hussain


…Petitioner …Applicant/accused

IN THE MATTER OF: - AFFIDAVIT IN SUPPORT OF


APPLICATION.

I Mir Hussain Age – 78 years S/O Atta Mohd R/o Janipur


Jammu do hereby solemnly affirm and declare as under
1. That the accompanying petition has been read over and
explained to me and the contents of the para No.____ to ____
of the application are true and correct as per my knowledge
and those of para No.____ are true as per information
received from record and those of remaining paras ____ to
____ are bases on legal advice.
2. The deponent is the respondent in the above application, he
is well versed with the facts and circumstances of the case,
hence he is competent to swear the instant affidavit.

I solemnly swear/affirm that the affidavit is true, no part of


this is false and nothing has been concealed.

Place: Srinagar
Dated:

DEPONENT
IN THE COURT OF 2nd ADDL. MUNSIFF/JUDICIAL MAGISTRATE
Ist CLASS, SRINAGAR.

U.T of J&K V/s Mir Hussain


…Petitioner …Applicant/accused
IN THE MATTER OF: -
INDEX

S No. Particulars Page No.


1. Application along with affidavit.
2. ANNEXURE-AI
Copy of medical reports.

3. VAKALATNAMA.

THE APPLICANT
THROUGH COUNSEL
DATED:

Mohd Nayeem Choudhary

Ahtsham Ul Haq

ADVOCATES
J&K High Court
JAMMU

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