HANS RAJ PARIHAR Vs. STATE OF J&K

JUDGEMENT

(1.) The applicants- Hans Raj Parihar and others have filed three criminal transfer applications under Section 526 of the Code of Criminal Procedure, Svt. 1989, for seeking transfer of the criminal challan/cases titled State V/S Hans Raj Parihar and others from the Sessions Courts situated at Kashmir province to any Courts of competent jurisdiction at Jammu.

(2.) In these petitions, it has been stated that they are facing trial along with other accused for offences under section 364, 302 and 120-B RPC, in two cases before Sessions Judge, Srinagar and one before Sessions Court at Bandipur, Kashmir .

(3.) It is stated in Cr.T.A No.30/2016 that the applicants herein along with the proforma-Non-applicants who belong to the J&K Police Department, are facing criminal trial for the charge under Sections 302 , 364 and 120-B , RPC in the case titled State V/S Hans Raj Parihar & Ors., being File No. 67/B and 53/B /Sessions, in the Court of learned Sessions Judge, Bandipur . The aforesaid Criminal Challan owes its genesis to the FIR No. 52/2006 of P/S Sumbal registered on 14.3.2006, investigation whereof culminated into the filing of the charge sheet by the Police in the Court of learned CJM Sopoor, who committed them to the Court of Sessions Bandipur, where the learned Sessions Judge, framed charge against them and directed the prosecution to lead evidence. The prosecution is leading evidence and is still in the process of leading the evidence for last ten years and the applicants continue to be in the judicial lock up for last more than ten years now and they are languishing in the jail. It is further stated that after the last date of hearing held in the month of June, 2016, the next date of hearing was fixed on 9 th July, 2016 by the trial Court for recording the statements of prosecution witnesses , but in view of the present continuous turmoil of protests, curfew, shut-down and Hartals for last four months, following the killing of the militant commander Burhan Wani, in Kashmir, no next date has been fixed nor conveyed in as much as the applicants / under trials have not been taken to the trial court in the said criminal case. That there are seven accused persons, including the applicants herein are facing the trial in the aforesaid case, however, the remaining two accused persons namely Farooq Ahmad Gudoo and Farooq Ahmad Padder (Accused no. 3 and 4) have not been able to join as Applicants-parties to the present Transfer Application, owing to the present turmoil going on in Kashmir, as such, they have been accordingly impleaded/arrayed as Proforma Non- Applicants 2 and 3, to the present Transfer Application. It is further stated that the present Criminal Transfer Application is being filed by the petitioners herein through their next friends (excepting the petitioner no.