Pieary Lal Koul @APPELLANT@Hash Naseer Ahmed Dar

Through the instant petition, petitioner seeks transfer of the private complaint titled Naseer Ahmed Dar vs. Pieary Lal Koul from the Court of learned Judicial Magistrate 1st Class Shangus, Anantnag to the Court of learned Chief Judicial Magistrate at Srinagar in accordance with the judgment/order rendered by this Court in Criminal Transfer Application No. 10/2008 dated 06.05.2011.

The case of the petitioner is that previously a Criminal Transfer Application (CRTA No. 10/2008) titled Pieary Lal Koul vs. Naser Ahmed came to be filed before this Court and the same came to be disposed by this Court vide judgment/order dated 6th May 2011.

Learned counsel for the petitioner states that in the above said Criminal Transfer Application, petitioner initially prayed for the transfer of the complaint filed against him in terms of Section 138 of Negotiable Instrument Act from the Court of Chief Judicial Magistrate Anantnag to any other Court of competent jurisdiction at Jammu  on  variety of grounds predominantly on the  ground that  the petitioner had previously migrated out of Kashmir Valley and, therefore, for security reason he was unable to  proceed at Anantmag and  participate  in  the proceedings there. It is stated that subsequently after hearing the leaned counsel for the parties, this Court was pleased to transfer the above titled complaint from the Court of Chief Judicial Magistrate Anantnag (Kashmir) to the Court of Chief Judicial Magistrate Srinagar. It was further provided that Court of Learned Chief Judicial Magistrate, Srinagar shall be at liberty to try it itself or transfer the case to some other Court of Competent Jurisdiction.

Learned counsel for the petitioner states that the petitioner has reliably learnt that the case has been transferred from the Court of Chief Judicial Magistrate, Srinagar to the Court of Learned Judicial MagistrateIst Class, Shangus. It is stated that as per the direction of this Court dated 06.05.2011, the Chief Judicial Magistrate Srinagar was at liberty to transfer the case for trial to any other competent Court of jurisdiction at Srinagar only.

Heard learned counsel for the petitioner and perused the record.

From the perusal of the record it reveals that this Court vide order dated 06.05.2011 passed in CRTA No. 10/2008 had directed the transfer of the complaint from the Court of Chief Judicial Magistrate Anantnag (Kashmir) to the Court of Chief Judicial Magistrate Srinagar. Now the petitioner has sought the implementation of that very order passed by this Court.

From the perusal of the record, it is evident that this Court has not directed the transfer the case to the court of learned Judicial Magistrate 1st Class Shangus. Further the petitioner has not annexed any document from which it can be revealed that the above titled complaint is pending in the Court of Judicial Magistrate 1st Class, Shangus. Even, Registry of this Court has reported that according to learned Munsiff Shangus no such case is pending in that Court.

In this view of the matter, this petition is not maintainable and the same is dismissed.