AHAD BHAT Vs. GULZAR BHAT

JUDGEMENT

(1.) THIS is an application for transfer of a private complaint filed by the first respondent against the petitioner and ors pending before the Judl Magistrate, Baramulla, to any other Magistrates court in the district of Baramulla, or Srinagar. The complaint discloses offences punishable under Sections 494/109 R. P. C, The petitioner filed an application for the transfer before the CJM Sopore. This application was dismissed by its order dated 16 -6 -1983.

(2.) THE grounds urged in the petition are as follows : Respondent No. 2 is a Purdah Nishin lady. She does not appear in public under the family custom. She has been suffering from various ailments and was confined to bed for a long time. An application was made on her behalf on 10 -9 -1981 to exempt the 2nd respondent from personal appearance. During the pendency of the proceedings that application remained undisposed of till date. The trial magistrate issued non -bailable warrants against her and other accused for non -appearance. In the order directing issue of non -bailable warrant against the second respondent. It was directed that it be sent to the Superintendent of Police, Baramulla, for execution. The petitioner had been making repeated requests to the trial court to pass orders on the exemption application.

(3.) THE transfer application is thus based on the ground that the petitioner apprehends that he will not get justice from the court before whom the case is pending.