Jammu and Kashmir High Court

CRTA/27/2013 of RAJESH PANDOH AND ORS. Vs STATE TH.V.O.J. on 13 December 2013

JAMMU AND KASHMIR AT JAMMU CRTA No. 27/2013 CrMA No. 25/2013 Date of order: 13.12.2013 Rajesh Pandoh & ors. v. State of J&K. Coram: Hon’ble Mr. Justice M. M. Kumar, Chief Justice Appearing counsel: For the petitioner(s) : Mr. B. B. Kotwal, Advocate. For the respondent(s) : Mr.

HIGH COURT OF JAMMU AND KASHMIR

AT JAMMU

CRTA No. 27/2013 CrMA No. 25/2013

Date of order: 13.12.2013

Rajesh Pandoh & ors. v.

State of J&K.

Coram:

Hon’ble Mr. Justice M. M. Kumar, Chief Justice Appearing counsel: For the petitioner(s) : Mr. B. B. Kotwal, Advocate. For the respondent(s) : Mr. Gagan Basotra, Sr. AAG.

1. On account of SRO 368 dated 19.08.2013, the case FIR No. 5/2005 under Sections 5(10) (d) and 5(2) of Prevention of Corruption Act, SVT. 2006read with Section 471 and 120-B RPC was transferred from the Court of Special Judge Anti-Corruption Jammu to the Court of Anti Corruption at Udhampur. The aforesaid action was taken to reduce the congestion in the Court of Special Judge Anti-Corruption, Jammu. The instant application has been filed seeking transfer of the case back to the Court of Special Judge (Anti- Corruption) Jammu.

2. The application is being opposed on the ground that no sustentative plea for transfer has been made out and transferring the case back to Jammu would result in negation of SRO 368 dated 19.08.2013.

3. I have heard learned counsel for the parties at some length and do not feel persuaded to grant the prayer made for transfer of proceedings. There is no ground warranting the transfer of the cases back to Jammu. However, before parting, it is observed that Anti-Corruption Judge, Udhampur shall make endeavour to record the statement of Investigating Officer as early as possible.

4. Petition is accordingly dismissed.

Jammu, 13.12.2013Anil Raina, Secy.

(M. M. Kumar) Chief Justice

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