Tariq Wali vs Benish Aijaz And Anr
2024 Latest Caselaw 1679 j&K/2

Jammu & Kashmir High Court - Srinagar Bench

Tariq Wali vs Benish Aijaz And Anr on 23 October, 2024

Author: Javed Iqbal Wani

Bench: Javed Iqbal Wani

                                                                    S. No. 47
                                                                    Regular list
 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                    AT SRINAGAR
                    TrP (C) 13/2023 CM(2735/2024) CM(5123/2023)
TARIQ WALI                                            ...Petitioner/Appellant(s)

Through: Mr. Taha Aijaz, Adv.
                                       Vs.
BENISH AIJAZ AND ANR.                                             ...Respondent(s)

Through: Mr. A. Hanan, Adv vice Mr. Z. A. Shah, Sr. Adv.
CORAM:
     HON'BLE MR JUSTICE JAVED IQBAL WANI, JUDGE
                              ORDER

23.10.2024 Upon coming up of this matter for consideration, the counsel for the petitioner invited the attention of this Court to Judgment dated 29.12.2023, passed in Trp (Crl) No. 27/2023 and would submit that in the said transfer petition, the proceedings under Section 125 Cr.P.C. as also under Section 12 of the Protection of Women from Domestic Violence Act, inter se the parties herein, stands transferred from the Courts in Shopian to Family Court Srinagar/Chief Judicial Magistrate (CJM) Srinagar respectively, and, as such, in view of the said Judgment, the instant case as well requires to be transferred from Court of Additional Special Mobile Magistrate Shopian to the Court of Chief Judicial Magistrate Srinagar.

Having regard to the aforesaid position obtaining in the matter, it is deemed appropriate to transfer the proceedings pending before Chief Judicial Magistrate Shopian titled as "Benish Aijaz and Anr vs Tariq Wali" to the Court of CJM Srinagar. The proceedings pending before Chief Judicial Magistrate Shopian are accordingly withdrawn and are transferred to the Court of CJM Srinagar for disposal in accordance with law. The Chief Judicial Magistrate Shopian shall forthwith transmit the record of the case to the Court of CJM Srinagar. Parties to appear before Chief Judical Magistrate Srinagar on 22.11.2024.

Disposed of.

(JAVED IQBAL WANI) JUDGE SRINAGAR 23.10.2024 Hilal Ahmad