RASUL DAR AND ANOTHER Vs. MT. JANI,

JUDGEMENT

(1.) These are two transfer applications submitted by the accused in two criminal complaints : 'Jani Vs. Aziz Dar' and others and Jani Vs. Rasul Dar and others - pending in the Court of the District Magistrate, Anantnag and will be disposed of by this order.

(2.) The first complaint Jani Vs. Aziz Dar and others was lodged on 16th Baisakh 2007 under Sec. 345, R.P.C. The case went on for some time when it was adjourned to 5th Jeth 2008 for recording defence evidence. On that day one of the accused Mohamad Dar absented himself on ground of illness and an application to that effect was submitted by him to the Court. This application of his was rejected by the Court on the ground that it was not accompanied by a medical certificate. A bailable warrant was, therefore, issued against Mohamad Dar. About accused No. 1 (Aziz Dar) it was stated in the order that he was responsible for the absence of Mohamad Dar accused, and it was therefore ordered that he shall be confined in the judicial lock-up as long as he does not produce Mohamad Dar. In pursuance of this order Aziz Dar was put in the judicial lock-up. On the next day, i.e., 6th Jeth 2008 Mohamad Dar presented himself before the Court and it was ordered by the Court that "Rasul Dar" accused be now released from custody. Here it may be stated that Rasul Dar was not an accused in this case, nor was Rasul Dar ordered to be put in custody in this case. I wonder how Aziz Dar accused No. 1, for whose being placed in custody the order was made on 5th Jeth 2008, was released on 6th Jeth 2008, when the order for release was made for another person by name Rasul Dar who was not at all an accused in this case.

(3.) The other complaint - Jani Vs. Rasul Dar and others was lodged on 16th Chet 2007. The order for summoning the accused was made on the same day. The order of the next day, i.e., 17th Chet 2007 shows that the complainant Jani and accused No. 1, Rasul Dar were present and the case was fixed for 11th Baisakh 2008. On 11th Baisakh the other two accused did not appear to have been served and the case was fixed for 5th Jeth 2008. On 5th Jeth 2008 another queer order was made by the Court in which the Magistrate writes that "the two accused are absent because of the delaying tactics of the accused No. 1. "He therefore ordered that accused No. 1 be put in the judicial lock-up. On the following day the other accused also presented themselves before the Court with the result that Rasul Dar was released from custody.