Full Judgment Text
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CASE NO.:
Appeal (crl.) 473-474 of 2008
PETITIONER:
S. Janak Singh etc
RESPONDENT:
State of Jammu & Kashmir etc. etc
DATE OF JUDGMENT: 10/03/2008
BENCH:
ASHOK BHAN & DALVEER BHANDARI
JUDGMENT:
JUDGMENT
O R D E R
CRIMINAL APPEAL NOS.473-474 OF 2008
[Arising out of S.L.P.(Crl.)Nos.5476-5477 of 2007]
Leave granted.
An FIR bearing No.77/2003 under Section 302/120-B, Ranbir Penal Code was
registered by Crime Branch Srinagar against certain members of Special Operation
Group Camp Pakarpur Budgam. Appellant-S. Janak Singh is the father of one of the
accused, viz., Ichpal Singh and another appellant Gurmeet Singh is one of the accused
named in the FIR.
Sessions Court, Budgam, started trial of the accused. It is contended that due to
hostile atmosphere in Budgam District, no lawyer was ready to represent the present
accused. The appellants somehow engaged a lawyer to represent them before the
Sessions Court, Budgam, but, he also failed to represent them. In spite of the fact that
the appellants were not represented, the Sessions Judge, Budgam, recorded the
examination-in-chief of one of the witnesses. The present appellants, therefore, filed
Crl.Transfer Applications before the High Court of Jammu & Kashmir for transfer of the
trial to any other court of competent jurisdiction at Jammu. The High Court, however,
transferred the case to 1st Additional Sessions Judge, Srinagar.
S.L.P.(Crl.)Nos.5476-5477 of 2007 .... (Contd.)
- 2 -
Aggrieved by the said order, the appellants have filed the present appeals. In spit
e of
several opportunities, including the last opportunity granted for filing reply, the State of
Jammu & Kashmir has not filed any reply.
After hearing counsel for the parties, in the facts and circumstances of the case an
d in
view of the fact that the appellants have remained unrepresented in the proceedings thus
far, we feel that the rights of the appellants would be prejudicially affected if the
proceedings are not conducted outside Srinagar. We, therefore, direct transfer of the
proceedings arising out of aforementioned FIR No.77/2003 to the District & Sessions
Judge, Jammu, Jammu & Kashmir who may try the case either himself or assign the
same to a court of competent jurisdiction.
The appeals are allowed accordingly.