ABDUL MAJID Vs. STATE

JUDGEMENT

(1.) The petitioner is an accused in Challan no. 273 dated 29.02.2012, presented under Section 2/3 E& IMCO before the Court of learned Chief Judicial Magistrate, Poonch. He has approached this Court with a prayer that the trail be shifted from Chief Judicial Magistrate, Poonch to the court of competent jurisdiction in District Doda. There are serious allegations in FIR no. 5 of 2012 (which resulted in presentation of Challan no. 273 dated 29.02.2012) lodged at Police Station, JIC, Miran Sahib, Jammu on 13.12.2011. According to the assertions made by the petitioner, the Police Station, JIC, Jammu has investigated the case and he was granted bail by the learned 1st Additional Munsiff (Forest Magistrate) Jammu. However, the challan has been presented in a court situated at Poonch whereas the petitioner is resident of District Doda which is 500 Kilometer away from Poonch. On every date of hearing he has to start his journey atleast two days before the date of hearing.

(2.) I have heard learned counsel for the parties. There seems to be an agreement between learned counsel for the petitioner as well as the State counsel that the proceedings be shifted to Jammu. The aforesaid concession appears to have been made by Mr. Basotra on the ground that the Egress and Internal Movement (Control) Ordinance, 2005 (1948 A.D.) have been enacted and by virtue of the provision of that Act the challan has been presented at Poonch.

(3.) Be that as it may, once there is an agreement between the parties then there is no reason to reject the prayer for shifting the proceedings to the Court of competent jurisdiction at Jammu. Accordingly, the application for transfer is allowed and the proceedings pending before Chief Judicial Magistrate, Poonch is transferred to the Court of Chief Judicial Magistrate, Doda.