Mumtaz Naz vs Azad Government of the State of Jammu and Kashmir Ss — 2025 MLD 504 HIGH-COURT-AZAD-KASHMIR

Case information

Citation: 2025 MLD 504 HIGH-COURT-AZAD-KASHMIR
Year: 2025
Reporter: MLD
Parties: Mumtaz Naz vs Azad Government of the State of Jammu and Kashmir Ss
Subject matter: Criminal
Provisions referred to: Penal Code (XLV of 1860); Fugitive Offenders Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Mumtaz Naz VS Azad Government of the State of Jammu and Kashmir Ss. 3 & 5---Penal Code (XLV of 1860), Ss. 406 & 506---Writ petition---Transfer of accused to Pakistan---Scope-----Petitioners sought direction to the respondents to restrain them from arresting and shifting the petitioners to Pakistan---Petitioners alleged that respondents wanted to arrest and transfer them on pretext of Azad Jammu and Kashmir Council Extradition of Fugitive Offenders Act, 1984, as well as Extradition of Fugitive Offenders Act, 1995, which was against the basic and fundamental rights of petitioners as well as other State subjects, thus, the same were not sustainable and were liable to be struck down---Validity---In the present case, FIR was registered against the petitioners, and other co-accused under Ss. 406 & 506, P.P.C, on the complaint of respondent No. 12---Allegation of embezzlement of amount of Rs. 90 lac had been levelled against the petitioners and other co-accused by the complainant---Concerned police were investigating the matter and accused-petitioners, had also been nominated in the alleged FIR, who were hiding themselves from the police and moved the petition---Circumstances of the case suggested that the concerned respondents had adopted the due course of law and had not committed any violation of law and rules---Petitioners, had failed to point out any illegality or irregularity on the part of respondents, thus, the request made by the petitioners through the present petition was without any substance---Case of the petitioners was mainly based on mere apprehensions---Constitutional petition was dismissed accordingly.

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