Jammu & Kashmir High Court
Surinder Singh vs State Of J&K And Others on 15 September, 2022
Author: Sanjay Dhar
Bench: Sanjay Dhar
Sr. No. 49
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
CRTA No. 07/2013
CrlM No. 1386/2022
Surinder Singh ..... Petitioner(s)/Appellant(s)
Through: Mr. Pawan Kr. Kundal, Advocate.
Vs
State of J&K and others ..... Respondent(s)
Through: Mr. Pawan Dev Singh, Dy. AG.
Coram: HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE
ORDER
By way of the main petition, the petitioner is seeking transfer of challan titled, "State vs. Surinder Singh" arising out of FIR No. 243 of 2012 for offences under sections 366 and 376 RPC, registered with Police Station Pattan, Baramulla, Srinagar, which is stated to be pending before the Court of Sessions Judge, Baramulla.
The ground urged by the petitioner for transfer of the case is that he is a "sikh" by religion and he had entered into a wedlock with a muslim girl hailing from Baramulla area and that the parents of the girl were not happy with the marriage, as a result of which, they had lodged an FIR, which has become the genesis of the challan, in which the petitioner is facing trial. It is submitted that having regard to the security situation in Baramulla and the sensitive nature of the case, which is subject matter of the challan, it would not be feasible for the petitioner to face trial before the Court at Baramulla.
Respondents have not filed reply to the instant petition despite the same having been filed in the year 2013.
2
Learned counsel appearing for the official respondents seeks further time to file the response. Needful be done by next date of hearing.
List again on 14.11.2022.
In the meantime, subject to objections from the other side and till next date of hearing, it is directed that the trial of the subject challan before the Court of Sessions Judge, Baramulla shall remain stayed.
(SANJAY DHAR) JUDGE Jammu 15.09.2022 Ram Krishan