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2018 Supreme(SC) 451

DIPAK MISRA, D. Y. CHANDRACHUD, INDU MALHOTRA
MOHD. AKHTAR – Appellant
Versus
STATE OF JAMMU AND KASHMIR – Respondent


Advocates Appeared:
For Petitioner(s): Indira Jaising, Sunil Fernandes, Sangeeta Madan, Deepiika Singh Rajawat, Astha Sharma, Nupur Kumar, Anju Thomas, Ajita Sharma, Aanchal Singh, Paras Nath Singh, Nehmat Kaur, Tanveer Khan, Advs.
For Respondent(s): Maninder Singh, R. Balasubramanian, Uttara Babbar, Aarti Sharma, Prabhas Bajaj, Akshay Amritanshu, B. V. Balaram Das, Gopal Subramanium, Jahangir Iqbal Ganai, M. Shoeb Alam, Fauzia Shakil, Ujjwal Singh, Mojahid Karim Khan, Meenakshi Arora, Sumit Singh Somria, Anannya Ghosh, Bhabna Das, Mrs. Geeta Luthra, Nishesh Sharma, Vibhu Tiwari, Chandan Sharma, Harvinder Chowdhury, Ankur Sharma, Dr. Nishesh Sharma, Chandan Sharma, Vibhu Tiwari, Aakarshan Aditya, Vibhu Tiwari, Nishesh Sharma, Ashok Kr. Singh, Aseem Sawhney, D.K. Sinha, Vijay Kumar, R.K. Jha, Raju S., Swarn Kr. Jha, Advs.

ORDER

The pivotal fact around which the controversy centers, is abduction, rape and murder of an eight year old girl. An F.I.R. was lodged at Hiranagar Police Station, Kathua, which was registered as F.I.R. No.10 of 2018. The investigating agency, namely, the Crime Branch, which took over the investigation on 22nd January, 2018 from the local police has already filed the charge-sheet on 9th April, 2018, in the court of Chief Judicial Magistrate, Kathua in the State of Jammu & Kashmir.

2. As asserted in the writ petition, since there have been some unwarranted situations that have occurred in and outside the Kathua Bar Association, the locality in question, the involvement of many groups and various other aspects, a fair trial is not possible at Kathua. Be it noted, the High Court of Jammu & Kashmir had called for a report from the District & Sessions Judge, Kathua, who has submitted the report and the same has been brought on record. Suffice it to mention that the report indicates that there had been some obstruction by the Bar Association at Kathua. We do not intend to dwell upon the same in detail.

3. The issues that emerge for consideration are whether the charge-sheet filed by the





























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