LT. COL. MANOHAR NAGARAJ Vs. UT OF J&K

JUDGEMENT

(1.) This is an application filed by the petitioner to seek transfer of the criminal proceedings/challan pending trial before the Court of Judicial Magistrate 1 st Class (Munsiff) Ganderbal (hereinafter the trial court for short). The challan has arisen out of FIR No. 04/2018 filed at the instance of one Anjali Varma/ respondent no. 2 for commission of offences punishable under section 354, 354(i) (iv) RPC. The petitioner seeks transfer of the challan to any Court of competent jurisdiction at Jammu. The application has been filed primarily on security consideration. It is urged that the petitioner has also called in question the criminal proceedings in FIR No. 04/2018 in CRM (M) No. 165/2019, which was initially filed in the Srinagar Wing of this Court but was later on vide order dated 24.10.2019, passed by the Hon'ble Chief Justice of this Court transferred to Jammu Wing of this High Court. Mr. B.A Dar Sr. AAG, learned counsel appearing for the respondent no.1 submits that respondent no. 1 may have no objection to the transfer of the criminal proceedings from Ganderbal to any other court of competent jurisdiction in Jammu, provided the petitioner bears the witness expenses who may have to travel from Srinagar to Jammu for their depositions.

(2.) Mr. Rajdeep Lahiri learned counsel appearing for the respondent no. 2, however, opposes the transfer of the petition on the ground that the petitioner is no more serving as Army Officer in the State of J&K and, therefore, it is equally convenient for him to attend the Court whether it is in Jammu or in Srinagar.

(3.) Having heard learned counsel for the parties and perused the record, I am of the view that it would be in the interest of justice as also for the convenience of all parties to the proceedings, if the case is tried by a Judicial Magistrate 1st Class (Munsiff) in Jammu instead of in Ganderbal, where the same is presently pending trial.