PARVAIZ AHMED Vs. STATE OF J & K

JUDGEMENT

(1.) THE instant petition filed under Section 526 of the Code of Criminal Procedure, 1933 (Jammu and Kashmir) prays for transfer of the case titled as State v. Parvaiz Ahmed pending in the Court of learned Sessions Judge Rajouri to any other Court of competent jurisdiction at Jammu.

(2.) AT the very out set it is appropriate to mention that this petition has been filed by the father of the accused, namely, Shri Mohd Rafiq despite the fact that accused Parvaiz Ahmed is a major. The petitioner Mohd Rafiq has revealed that his son Parvaiz Ahmed was involved in a case of kidnapping one Shaheen Akhtar/ Shameed Akhtar daughter of one Mohd Syed. It is claimed that actually Parvaiz Ahmed was married to her and Nikha Nama has been placed on record (Annexure A). There are averments with regard to Mehar and Muajar. There are further allegations by the father of the accused, narration of the contents from the FIR and presentation of challan before the learned Sessions Judge Rajouri on 28.11.2002. The ground of transfer is that some near relation of the complainant has links with the anti national organizations and, therefore, there were threats to the life of the accused.

(3.) HAVING heard learned counsel for the parties I am of the considered view that none of the grounds as contemplated in Section 526 Cr.P.C is in existence in the present case, warranting transfer of the trial particularly when it would be more convenient to prosecute the case at Rajouri and the witnesses belong to that area. More over the accused himself has been avoiding appearance and an impression has been created that he is not available in the country. In fact the learned State counsel has pointed out that he is some where in Saudi Arabia and absconding for the last many years.