Jammu and Kashmir High Court
TrP (Crl)/5/2026 of SG. CT. KHURSHEED AHMAD CHOWHAN Vs UNION TERRITORY OF J AND K AND OTHERS (POLICE / HOME) on 25 March 2026
OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR TrP (Crl) No. 05/2026 SG.CT. Khursheed Ahmad Chowhan ….. Petitioner Through: Mr. Sheikh Manzoor, Advocate Vs Union Territory of J&K and others .…. Respondents Through: Mr. T. M. Shamsi, DSGI with Ms. Bisma Ali, Advocate Mr. Bashir
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
TrP (Crl) No. 05/2026
SG.CT. Khursheed Ahmad Chowhan
….. Petitioner
Through: Mr. Sheikh Manzoor, Advocate
Vs
Union Territory of J&K and others
.…. Respondents
Through: Mr. T. M. Shamsi, DSGI with
Ms. Bisma Ali, Advocate
Mr. Bashir Ahmad Dar, Advocate
Mr. Owais Majeed, Advocate
CORAM:
HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE
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ORDER
(25.03.2026)
01. This Court is not inclined to entertain the apprehensions of the petitioner on the basis whereof the petitioner is seeking transfer of an ongoing criminal case pending before the court of learned Principal Sessions Judge, Kupwara but, nevertheless, this Court hereby imparts a direction unto the learned Principal Sessions Judge, Kupwara to ensure that all the enlisted non-official prosecution witnesses are not subjected to any sort/kind of influence/intimidation/coercion from the end of the respondents 2 to 9 arrayed and arraigned as accused in the case. Sr. No. 01 Regular List
2 TrP (Crl) No. 05/2026
02. It is further directed that the summoning of the non-official prosecution witnesses shall not be left to be carried out by the Police Station and the Prosecution. Service shall be effected through the properly issued summons/warrants from the Court itself to be then forwarded to and served by the respective Police Station in which a particular non-official prosecution witness is mentioned to be residing.
03. In case, at any point of time, the petitioner as a victim of alleged crime under trial, or for that matter any non-official prosecution witness/es, would reckon that he or they have been or being subjected to influence/intimidation/ coercion, then it would always lie at the disposal of the petitioner or for that matter the aggrieved non-official prosecution witness to approach this Court with a petition for seeking transfer of the case.
04. Disposed of.
(RAHUL BHARTI) JUDGE SRINAGAR
25.03.2026
Opinder