MUHAMMAD SULTAN WAGAY Vs. M. AYUB CHOUDHARY

JUDGEMENT

(1.) THIS motion for transfer of the criminal case titled State v. Muhammad Ayub Choudhary from the Court of the Additional Session Judge Baramulla to any other Court of competent jurisdiction at Srinagar has been laid by the complainant and his daughter prosecutrix both prosecution witnesses. Do they have any right to lay such motion, reference to sub Section 3 Section 526 of Code of Criminal Procedure becomes imperative which may be noticed: Section 526 High Court may transfer case or itself try it:(3) The High Court may act either on the report of the lower Court or on the application of a party interested, or on its own initiative.

(2.) A plain reading of the provision entitles a part interested to seek transfer of the case. What interest petitioners herein have need to be appreciated in the light of the face that the petitioner 2 a victim of the alleged commission of the crime happens to be the daughter of the petitioner 1 on whose information the police had swung into action, obviously, their interest is manifest, thus, a party interested, hence maintainable.