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2017 DAILYLAW 1151 (JK)

RITA PARIMO v. GH.MOHAMMAD PAUL

CRTA/24/2017 · 2026-04-17

Rajnesh Oswal

body2017

Judgment text

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S. No. 16 Regular Cause List IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU (Through Virtual Mode from Srinagar) Cr.TA No. 24/2017 Rita Parimo …Appellant/Petitioner(s) Through: Ms. Shivani Jalali, Sr. Advocate with Ms. Ranjana Rajput, Advocate Vs. Gh. Mohammad Paul ...Respondent(s) Through: None CORAM: HON’BLE MR JUSTICE RAJNESH OSWAL, JUDGE O R D E R 17.04.2026 01. This application has been filed by the petitioner for transfer of complaint titled “Gh. Mohammad Paul vs. Rita parimo” under Section 420 of RPC pending before the Court of learned Chief Judicial Magistrate, Shopian (for short “the Trial Court”) to any other court of competent jurisdiction at Jammu on the ground that there is a threat perception to the petitioner being a migrant. 02. Ms. Shivani Jalali, learned senior counsel appearing for the petitioner has submitted that no doubt the situation in the valley has improved a lot and there is no threat perception in Srinagar, but taking into consideration that the petitioner is in advance age of her life and at present she is of 71 years of age and residing at Delhi, it will not be possible for the petitioner to appear before the Trial Court to contest the false and frivolous complaint filed by respondent. 03. Despite service, the respondent has not chosen to oppose the transfer application. 04. The complaint cannot be transferred on the ground of alleged threat perception as projected in the application filed in the year 2017, because the situation in the Valley has improved a lot now. However, on account of advanced age of the petitioner it would not be possible for her to travel to Shopian to attend the proceedings of the complaint and more particularly given the statement made by the learned cousnel for the petitioner that she would bear the expenses of the witnesses of the respondent, the complaint can be transferred to the court of competent jurisdiction at Jammu. 05. In view of the above, taking into consideration the advance age of the petitioner, this application is allowed. The criminal complaint titled “Gh. Mohammad Paul vs. Rita parimo”, pending before the Court of learned Chief Judicial Magistrate, Shopian, is transferred to the court of learned Chief Judicial Magistrate, Jammu and the petitioner shall bear the to and fro expenses of the witnesses of the respondent. The Trial Court is directed to transmit the record of complaint to learned Chief Judicial Magistrate, Jammu, who shall either retain the complaint with himself or transfer the same to any other court of competent jurisdiction. 06. Disposed of as above. (RAJNESH OSWAL) JUDGE SRINAGAR 17.04.2026 Manzoor