MUSTAQ AHMED Vs. MOHD RAFIQ
LAWS(J&K)-1999-7-6
HIGH COURT OF JAMMU AND KASHMIR
Decided on July 29,1999

MUSTAQ AHMED Appellant
VERSUS
MOHD RAFIQ Respondents

JUDGEMENT

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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