RAHUL KOHLI Vs. UTTAM DEEP SHARMA

JUDGEMENT

(1.) THE instant application seeks transfer of criminal complaint filed by one Uttam Deep Sharma-respondent against the applicant, from the court of Chief Judicial Magistrate, Reasi to any Court of competent jurisdiction at Jammu.

(2.) IN the complaint filed by the complainant-respondent the allegations of defamation have been levelled against the petitioner under Section 500 RPC which is pending before the Chief Judicial magistrate, Reasi. The complaint is a counter blast to the information communicated by the petitioner to the District Election officer, Reasi, disclosing that respondentcomplainant being a government servant could not have indulged in campaigning for N.C.P candidate Shri Gulab Chand. Such information was solicited by Circular published in various news papers by the Chief Election Commissioner, J&K before Assembly Elections which were held in the month of December, 2008. According to the averments made by the petitioner, the respondent-complainant was irked by the information disclosed by the petitioner to the District Election Officer, Reasi, which has led to filing of the complaint under Section 500 RPC.

(3.) I have heard learned counsel for the petitioner who has argued that the respondent-complainant is a resident of Jammu and the cause of action had also arisen at Jammu. He has further argued that the respondent-complainant has chosen not to appear which demonstrates that he has presumably no objection to the proceedings being transferred to Jammu.