High CourtsSingle Bench(2022) 08 J&K CK 0034

Ruvait Lone vs Humaira Wadera

Jammu And Kashmir High Court · Decided on 25 August 2022

HON’BLE JUDGES
Sanjay Dhar, J
RESULT
Disposed Of
CASE NUMBER
Criminal Miscellaneous Cases No. 351, 1029 Of 2022

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Judgment

7 paragraphs · 295 words

Sanjay Dhar, J

1) The petitioner has challenged interim order dated 02.08.2022 passed by learned 4th Additional Sessions Judge, Srinagar, whereby the learned Sessions Judge has, in a revision petition against order dated 25.07.2022 passed by learned Chief Judicial Magistrate, Srinagar, directed that the said order be kept in abeyance.

2) Heard learned counsel for the petitioner and perused the material on record.

3) It appears that the petitioner had filed a transfer application before the learned Chief Judicial Magistrate, Srinagar, seeking transfer of proceedings under the provisions of Protection of Women from Domestic Violence Act, pending before the Court of Judicial Magistrate, 1st Class (Judge Small Causes), Srinagar, to any other court of competent jurisdiction. The learned Chief Judicial Magistrate, vide order dated 25.07.2022, allowed the application and directed that the aforesaid proceedings be transferred to the Court of learned Forest Magistrate, Srinagar.

4) The aforesaid order came to be challenged by the respondent by way of a revision petition before the Court of 4th Additional Sessions Judge, Srinagar, and vide the impugned order, the order passed by the learned Chief Judicial Magistrate has been kept in abeyance and the revision petition has been posted to 30th August, 2022.

5) Having regard to the nature of controversy involved in this case, the petition can be disposed of at this stage itself by passing an appropriate direction to the learned Revisional Court. Accordingly, learned 4th Additional Sessions Judge, Srinagar, is directed to decide the revision petition against order dated 25.07.2022 passed by the learned Chief Judicial Magistrate, Srinagar, on the next date of hearing or within fifteen days from today after hearing the parties in accordance with law.

6) A copy of this order be sent to the learned Revisional Court for information and compliance.