MOHD SULTAN BHAT Vs. STATE

JUDGEMENT

(1.) THE petitioners have stated on affidavit that they belong to Bandipora area in the District of Baramulla. They have further stated that the prosecution witnesses also mostly belong to Baramulla District and Srinagar district. There is no counter affidavit Nor even these averments have been controverted in the objections simpliciter filed on behalf of the State. The only ground taken in the objections to oppose the transfer is that the occurrence has taken place within the jurisdiction of Anantnag court Taking into consideration the fact that Baramulla is at one end of Kashmir province and Anantnag at the other, it will really be convenient for the accused and the witnesses to attend the court at Anantnag. In fact, if the accused petitioners are forced to go to Anantnag, that would amount to denying them reasonable opportunity to defend the case. On the other hand if the transfer is ordered, it would not mean any inconvenience for the prosecution. I, therefore, allow this application and direct that the case State Vs. Krishan Lal and ors Under Section 279, 120 -B R. P. C. and 37 D. P. S. R. pending in the court of C. J. M. Anantnag shall be transferred to the court of C.J.M. Srinagar. The parties directed to appear before the C J. M. Srinagar on 21st of June, 1980.