Jammu & Kashmir High Court - Srinagar Bench
State Of J&K vs Mohammad Altaf Khan @ Chadiya & Anr on 16 September, 2020
Item No.210 After Notice
List
IN THE HIGH COURT OF JAMMU AND KASHMIR
AT SRINAGAR
(THROUGH VIRTUAL MODE)
Crl . Ref. No.05/2018
State of J&K ...Petitioner(s)
Through: None.
V/s
Mohammad Altaf Khan @ Chadiya & anr. ...Respondent(s)
Through: None.
CORAM: HON‟BLE MR. JUSTICE SANJAY DHAR, JUDGE (ORDER)(ORAL) 16.09.2020
1) The instant reference has been made by Learned Principal Sessions Judge, Baramulla, whereby the learned Presiding Officer has made a request to transfer the case titled „State Vs. Mohammad Altaf Khan @ Chadiya and another‟ to the Court of learned 1st Additional Sessions Judge, Baramulla, on the ground that the Public Prosecutor of the Court of learned Principal Sessions Judge, Baramulla, has made a statement that he has conducted the case as defence counsel. It is also stated in the order of reference that previously the case was being tried by the Court of learned Additional Sessions Judge, Sopore, but because the then Presiding Officer of the said Court had also conducted the matter before the trial court on behalf of the accused, as such, this MOHAMMAD ALTAF BHAT 2020.09.18 10:44 I attest to the accuracy and integrity of this document 2 Crl . Ref. No.05/2018 Court had withdrawn the case from the Court of Additional Sessions Judge, Sopore, and transferred it to the Court of Principal Sessions Judge, Baramulla.
2) For the reasons stated in the order of reference, the case titled „State Vs. Mohammad Altaf Khan @ Chadiya and another‟ (FIR No.20/2002 for offences under Section 302, 307 RPC and 7/25 Arms Act of Police Station, Panzulla, is withdrawn from the Court of Principal Sessions Judge, Baramulla, and is transferred to the Court of Additional Sessions Judge, Sopore, with a direction to the transferee Court to take steps for expeditious disposal of the case as the same is more than 18 years old. It is pertinent to mention that earlier Presiding Officer of Additional Sessions Court, Sopore, has since been transferred.
3) The Reference is answered accordingly.
4) Record of the case along with copy of this order be directly sent to the transferee Court. Copy of this order be also sent to the Court of Principal Sessions Judge, Baramulla.
(SANJAY DHAR) JUDGE Srinagar 16.09.2020 "Bhat Altaf, PS"
Whether the order is speaking: Yes/No
Whether the order is reportable: Yes/No
MOHAMMAD ALTAF BHAT
2020.09.18 10:44
I attest to the accuracy and
integrity of this document