HANS RAJ PARIHAR Vs. STATE

JUDGEMENT

(1.) THESE two criminal transfer applications have been filed under Section 526 of the Code of Criminal Procedure seeking transfer of criminal challan titled State v. Hans Raj Parihar and six others, under sections 364, 302 and 102-B, RPC from the court of learned Sessions Judge, Srinagar to any other Criminal Court at Jammu.

(2.) CRIMINAL transfer application No. 5 of 2007 has been filed by one Bahadur Ram kaith, s/o Milki Ram, r/o Ward No. 13, bishna, Jammu through his wife Smt. Pyari devi while as cr. transfer application No. 7/07 has been filed on behalf of Hans Raj parihar, s/o B. C. Parihar, r/o Palmar tehsil kishtwar, District Doda through his Wife smt. Sudesh Parihar.

(3.) THE brief facts relevant for the disposal of these petitions are as under :-On 14-12-2006 one Gh. Qadir Padder s/o Rasool, r/o Larno Kokerning, Anantnag lodged a written report in Police Station batmaloo stating therein that on 8-12-2006 abdul Rehman Padder, s/o Gh. Rasool padder, r/o Larno Kokernag, Anantnag went missing from Batmaloo and since then he was not traceable. Consequently a missing report vide daily diary report No. 21, dated 14-12-2006 was diarized and a missing file was opened in police Station Batmaloo, srinagar. While searching for the missing person, it revealed that said Abdul Rehman padder possessed a cell Phone Nokia 2600 model bearing IMEI No. 357054000874988 with BSNL SIM card bearing Cell No. 941901156. These details were forwarded to the concerned service provider wherefrom, it was found that a BSNL SIM bearing Cell no. 94195999929 registered in the name of one Bashir Ahmed Bhat s/o Sonualla Bhat, r/o Watnoo Tangmarg was being used in the cell phone of the missing person. When enquired upon, Bashir Ahmad Bhat informed that his BSNL SIM bearing cell No.-9419599929 was being used by one Abdul rashid Wagay alias Kuabli, s/o Abdul Gani wagy, r/o Kathpora Hajan Sonawari presently residing in Room No. 2 Tourist Hotel kohankhan Dalgate Srinagar. As the mobile phone of the missing person was traced it raised the suspicion that the missing person had been abducted with intention to murder him. Accordingly, a case FIR No. 06/07, u/s. 364, rpc was registered at Police station Batmaloo, Srinagar.