HIGH COURT OF JAMMU AND KASHMIR

AT JAMMU

CrMA no. 1/2013 in CRTA no. 34/2012

CrMA no. 27/2012

Date of order: 01.02.2013

Abdul Waheed Malik

v.

Nageena Bano

Coram:

Hon’ble Mr. Justice M. M. Kumar, Chief Justice

Appearing counsel:

For the petitioner(s)

: Mr. A. M. Malik, Advocate.

For the respondent(s) :

1)

Whether approved for reporting

:

Yes/No

in Press/Media

2)

Whether to be reported in

:

Yes/No

Digest/Journal

1.

This is an application filed under Section 526 of

the Code of Criminal Procedure seeking transfer of

Challan no. 117 of 2012 titled as Abdul Waheed

Malik v. Nageena Bano from the Court of learned

Judicial Magistrate 1^st Class (JMIC), Banihal to any

other Court of competent jurisdiction. According to

the averments made by the petitioner-accused, some

false allegations have been levelled by Ms. Nageena

Bano, in the complaint filed by her in the Court of

Judicial Magistrate 1^st Class (JMIC), Banihal. She has

alleged that on 04.09.2012 at 2.30 PM when she was

going towards the B.D.O Office and reached at Chinar

Gali then the petitioner-accused came in front of her

and caught her from neck, gave beating with fists and

2

blows. The petitioner-accused is also alleged to have

used abusive language in order to outrage her

modesty. The learned Magistrate after recording the

statement of the complainant directed that an

investigation be conducted by Police Station, Banihal,

and an FIR no. 150/2012 dated 04.09.2012, in that

regard, was registered against the petitioner-accused

under Sections 323/294/506/504/354/511 RPC. It

has been insisted that an earlier FIR no. 154/2008,

was also registered at Police Station, Banihal under

Section 354 RPC. Investigation was conducted and

the allegations of molesting levelled against him by

Nageena Bano were found to be false. On the

aforesaid basis, it has been argued that the petitioner-

accused is being harassed by initiating criminal

proceedings against him time and again on the similar

set of facts. A copy of order dated 17.11.2011

acquitting the petitioner-accused by the learned

Judicial Magistrate 1^st Class (JMIC), Banihal has been

placed on record as Annexure ‘A’.

2.

Mr. A. M. Malik, learned counsel for the

petitioner-accused has argued that respondent is a

Para Legal Volunteer and, as such, petitioner-accused

is likely to be subjected to a bias by the Court. It is

3

also submitted that once similar type of allegations

have been found to be false then it is not possible to

accept that the petitioner-accused would act in

similar fashion.

2.

Having heard the learned counsel and perusing

the record, I am not impressed with the argument

that the act which was alleged to have been imputed

on 26.07.2008 could not be done by the petitioner-

accused on a subsequent date in the year 2012. In

any case, it may not constitute ground for transfer of

proceedings from the Court Judicial Magistrate 1^st

Class (JMIC), Banihal to any other Court of competent

jurisdiction. I also failed to find any substance in the

argument that the respondent is working as Para

Legal Volunteer and, therefore, she is likely to be dealt

with favour. The institution of Para Legal Volunteers

is entirely different and such volunteers are not

directly under the Court. Even that reason would not

cut any ice.

3.

There is no merit in the petition. Accordingly, the

petition fails and the same is dismissed.

(M. M. Kumar)

Chief Justice

Jammu,

01.02.2012

Parshant