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2017 Supreme(J&K) 869

JANAK RAJ KOTWAL
Madhu Kishwar – Appellant
Versus
Syed Shujaat Bukhari – Respondent


Advocates Appeared:
For the Appellants : Sunil Sethi, Veenu Gupta, Sumit Nayyar.
For the Respondent: Syed Faisal Qadri.

JUDGMENT :

Janak Raj Kotwal, J.

1. This motion under Section 526 of the Code of Criminal Procedure (for short, the Code) has been laid by the accused for transfer of a criminal complaint under Section 500 RPC filed against her by the respondent in the court of the Chief Judicial Magistrate (CJM), Srinagar from that court to any other court at Jammu. In the complaint filed by him, the respondent claims to be the Editor-in-Chief of an English daily, namely, 'Rising Kashmir' published from Srinagar. He alleges to have been defamed by the petitioner by the two defamatory and libelous statements posted by her on her Twitter handle, one on 30.07.2016 and the other on 02.12.2016.

2. It is contended by the petitioner, which is evident from Annexure-B to this petition, that the CJM vide order dated 03.12.2016 in the first instance issued bailable warrant against the petitioner for her attendance before the court on 24.12.2016 without, however, assigning any reason in terms of Section 90 of the Code for not issuing the summons. The petitioner caused her appearance before the court through her counsel on 28.01.2017 and filed an application for her permanent exemption from personal appearance bef
















































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