MUSTAQ AHMED Vs. MOHD RAFIQ
HIGH COURT OF JAMMU AND KASHMIR
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ARUN KUMAR GOEL, J. -
(1.) HEARD learned counsel.
(2.) THIS is an application for transfer of appeal titled as Mohd Rafiq and another V/s. State, pending before learned Sessions, Judge,
Rajouri to some other court of competent jurisdiction. As per learned
counsel for the petitioner, respondents No.1 and 2 were convicted by the
trial Magistrate for having been allegedly committed offences under
sections 457/380 RPC and consequently sentenced to undergo rigorous
imprisonment for two years and also to pay fine Rs. 500/ - each.
(3.) THIS appeal when came up for hearing before learned appellate court according to the petitioner on 24th March, 1998, during the course
of arguments on behalf of respondents No.1 and 2, some remarks are stated
to be passed by the learned Presiding Officer. In addition to this other
ground pressed into service in support of this transfer application is
that in -a -not her case titled as State vs. Attu I Ullah Khan and others,
under section 307 RPC said Presiding Officer had ordered further
investigation. This order was passed according to the petitioner at the
instance of respondents No.1 and 2. This case relates to some other
member of the family of the petitioner.
So far first ground is concerned, the allegations are too vague and uncertain. Regarding second ground submitted, the presiding Officer
in his comments has admitted that further investigation was ordered after
he found material on record and keeping in view the circumstances which
were there on the file.;
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