SAMAIRA CHOUDHARY Vs. JAVED IQBAL AND ORS.

JUDGEMENT

(1.) The petitioner, through the medium of the present petition, is seeking transfer of Final Report/Challan No. 165/2014 pending before the Court of learned Additional Session Judge, Rajouri in Case FIR No. 226 of 2012 dated 09.05.2012 titled State Vs. Javed Iqbal and others to the Court at Jammu.

(2.) Brief facts of the case arising out of the FIR is that the petitioner has filed a complaint against respondent Nos. 1 to 4 before the learned Chief Judicial Magistrate, Rajouri for referring the matter to Police Station, Rajouri in terms of Sec. 156 (3) Cr.P. C. to investigate the commission of offence under Sections 376/406/420/379 and 120-B RPC. The learned Chief Judicial Magistrate, Rajouri vide his order dated 9th May, 2012 referred the complaint to the Station House Officer, Rajouri to proceed in accordance with law and, accordingly, an FIR No. 226/2012 dated 9th May, 2012 came to be registered against respondent Nos. 1 to 4. Subsequently, after the completion of investigation, the Police has filed the Challan before the Court of learned Chief Judicial Magistrate, Rajouri on 12th May, 2012, which was committed to the Court of learned Sessions Judge, Rajouri and the said Challan is pending before the Learned Additional Sessions Judge, Rajouri for adjudication.

(3.) The ground set out by the petitioner for transferring the Challan from the Court of learned Additional Sessions Judge, Rajouri to the Court at Jammu is that the petitioner has to travel all the way from Chandigarh to Jammu and then to Rajouri to pursue the Challan. It is also alleged that the petitioner is also facing threat to her life as the accused persons are high headed persons and have already tried to attack the petitioner.