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Judgment
In this case the transfer of the proceedings pending for disposal in the court of learned Chief Judicial Magistrate, Srinagar on a report being filed
by the C.B.I, for the commission of offence under Sections 120B read with Section 420 RPC is sought by one of the accused, who is applicant
herein on the basis that he cannot property defend himself in the trial court because of the abnormal law and order circumstances prevailing in the
Valley.
Transfer of the case has been opposed by the C.B.I, on the ground that there are two coaccused namely, Farooq Nakashbandi and Z.A.
Farooqui who are employees of the Insurance Company, and with their conspiracy these offences were perpetuated. That coaccused have to
undergo physical and financial hardship along with the prosectuion witnesses who hail from Kashmir to attend the proceedings in Jammu.
It may be noticed that prosecution has also cited those witnesses who are still migrants. Their presence cannot be secured in the trial court by
the prosecution. The extraordinary situation prevailing in the valley though has mitigated to some extent, yet the migrants have not returned to their
homes and hearths and it is not expected that they can properly defend their cases in the valley. In such an atmosphere to meet the ends of justice it
is desirable to have the case transferred to a calmer and quieter atmosphere. Justice would be done in such a way. The Apex Court also in the
case of Union of India Vs Shiromani Gurdawara Prabandhak Committee (AIR 1986 SC1896) took note of the extraordinary situation prevailing
in the State of Punjab and transferred the case from that State to some other State. The coaccused will not be at disadvantage so far as the free
atmosphere of the proceedings in a court in Jammu is concerned. In this view of the matter, the application is accpeted and the case titled State Vs.
Amar Nath Mantoo and others is transferred from the file of learned Chief Judicial Magistrate, Srinagar to the court of learned Chief Judicial
Magistrate, Jammu Record of the case has been recieved and the office shall send the same to the court of the learned Chief Judicial Magistrate,
Jammu and the Presiding Officer shall issue process for securing the attendance of the alleged coaccused. Petitioner herein as well as the learned
counsel for the C.B.I, are directed to appear in the transferee court on 30.12.1997.