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2018 Supreme(J&K) 857

RASHID ALI DAR
State of J&K through SSP, Srinagar – Appellant
Versus
Dawood Fayaz Zargar – Respondent


Advocate Appeared:
For the Petitioners: Mr. Asif Bhat, AAG with Mr. Saad Ganai, GA
For the Respondents:M/s N.A. Ronga, Mushtaq Ahmad Dar, Advocates

JUDGMENT :

1. The petitioner in terms of the instant petition seeks withdrawal of the case from the court of learned 4th Additional District & Sessions Judge, Srinagar to any court of competent jurisdiction at Jammu. The grounds taken for the same are that during the trial prosecution is confronted with some very serious developments i.e., some elements along-with the accused persons and their relatives are creating difficulties at their place of lodgements as well as on their way to the court for hearing. This generates trouble and difficulties to the members/staff of concerned jail as well during the process of escorting them to the court for hearing.

2. It is further pleaded in the petition that the accused on their production raise anti national slogans enroute to court and also indulge in instigating the locals, resulting in law and order problems. Furthermore, the accused within the court premises are gathering hundreds of people who intimidate and threaten the witnesses, thus a fair and impartial trial is impossible in the case. It is the submission of the petitioner that the witnesses are feeling afraid to testify before the court on being frightened and threatened by various


























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