Jammu & Kashmir High Court – Srinagar Bench
Hina Mushtaq vs Union Territory Through Police on 28 February, 2025
S. No. 52
Regular Cause List
INTHE HIGH COURT 0F JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
(Through Virtual Mode from Jammu)
CRM(M) 535/2023
HINA MUSHTAQ
...Appellant(s)/Petitioner(s)
Through: Mr. Rizwan un Zaman, Advocate
Vs.
UNION TERRITORY THROUGH POLICE
STATION BIJBEHARA ...Respondent(s)
Through: Mr. Jehangir A Dar, GA
CORAM:
HON'BLE MR. JUSTICE VINOD CHATTERJI KOUL-JUDGE
ORDER
28.02.2025
Petitioner is seeking setting aside and quashing of order dated
10.07.2023, passed by Chief Judicial Magistrate Anantnag, (for short “CJM”)
in case bearing File no.75/M instituted on 19.06.2023 and decided on
10.07.2023, whereby Judicial Magistrate 1st Class, Bijbehara, (for short
“JMIC”), has been directed not to proceed with the trial for the moment.
The case of the petitioner is that he along with other 24 accused have
been charged for offences punishable under Sections 201, 409, 418, 420, 456,
467, 468, 471 and 120-B of IPC and challan was presented before JMIC. He
submits that during pendency of challan, one of the accused persons figuring
at serial no.20, filed an application before CJM, Anantnag, seeking transfer of
the case/challan from JMIC to CJM. Alongside the said transfer application,
he also moved an application for grant of interim relief.
Learned counsel for the petitioner submits that while application
seeking transfer is pending, CJM has passed order impugned asking JMIC,
not to proceed with the trial for the moment and as a result whereof the trial
before JMIC has been halted and that it would be appropriate if order
impugned is set-aside and Trial Court is directed to decide transfer application
expeditiously.
-2-
CRM(M) 535/2023
Having regard to submissions made by Mr. Rizwan, learned counsel for
petitioner and case set up in instant petition, at this stage, it would not be
proper to stay or set-aside order impugned. All that has been stated by
petitioner in instant petition or all that he wants to say and submit in opposition
to transfer application can be urged before CJM.
Learned CJM, Anantnag, is expected to consider and decide transfer
application expeditiously, preferably, within two weeks.
Interim direction passed by this Court shall remain in force.
Disposed of as above along with the connected CM.
(VINOD CHATTERJI KOUL)
JUDGE
SRINAGAR
28.02.2025
“Imtiyaz”
Imtiyaz Ul Gani
I attest to the accuracy and
authenticity of this document
10.03.2025 09:54