ZULIKHA Vs. MIR WALI

JUDGEMENT

(1.) ORDER :- From the perusal of the records, it transpires that the parties were served and at one stage they had appeared, but subsequently absented themselves.

(2.) This revision has been filed against the order of S. D. M./Executive Magistrate, Ganderbal dated 2-4-1985, whereunder said Sub-Divisional Magistrate, Srinagar has transferred the case titled Mir Wali v. Zulikha, pending in the Court of Executive Magistrate, Ganderbal to his own files. Petitioner has challenged this order on the count that the SDM Srinagar had no powers to order the transfer of the file from the Court of Executive Magistrate, Ist. Class Ganderbal, more so when the person of SDM/Executive Magistrate, Ist. Class Srinagar seems to have interest in the matter he should have not passed such an order.

(3.) I have perused the record. I do find that the order of transfer of proceedings under Section 145 Cr. P. C. pending in the Court of Executive Magistrate, Ist Class Ganderbal passed by SDM/Executive Magistrate, Ist. Class, Srinagar is illegal and without jurisdiction. I say so because SDM Srinagar has no powers under the Statute or even the Government has not conferred him with the powers to exercise such powers of transfer of a case pending disposal in the Court of other Executive Magistrate.