MOHAMMAD SALMAN KUMAR (MINOR) THROUGH HIS MOTHER v. KHURSHEED AHMAD KUMAR
TrP (Crl)/28/2025 · 2026-07-22
Sanjay Dhar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 1257 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 1257 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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Serial No. 47 Regular Cause List.
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR *******
TrP (Crl) 28/2025.
MOHAMMAD SALMAN KUMAR (MINOR) THROUGH HIS MOTHER.
…Petitioner (s)
Through: Mr. Bilal Ah Malla, Advocate.
VERSUS
KHURSHEED AHMAD KUMAR.
Through: None.
…Respondent(s)
CORAM:
HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE.
ORDER 22-07-2026
01.
This is a petition filed under Section 447 of the Bhartiya Nagarik Suraksha Sanihita 2023 (BNSS), by the petitioner seeking transfer of petition filed by her under Section 125 of the Code of Criminal Procedure (CrPC) pending before the court of learned District Mobile Magistrate, Anantnag to any other court of competent jurisdiction in District Srinagar.
02.
It has been submitted in the petition that the respondent happens to father of the minor petitioner who is working in the CRPF as Constable and is presently posted at Srinagar. It has been submitted that mother of the minor petitioner namely Mst. Shaheena Bano, has also shifted to Srinagar in connection with her medical treatment. Therefore, it will be convenient for both the parties if
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the petition pending before the learned District Mobile Magistrate, Anantnag is transferred to any other court of competent jurisdiction at Srinagar.
03.
Despite service, no one has appeared on behalf of the respondent. Thus, there is no rebuttal to the assertions made by the petitioner in the instant petition.
04.
Having regard to the fact that both the parties are presently residing at Srinagar, it would be convenient for both the parties to contest/defend the case before court of competent jurisdiction located at Srinagar and it would be inconvenient for both the parties to travel all the way to Anantnag to contest/defend their case.
05.
In view of the above, the instant petition is allowed and the case titled
“Mohammad Salman Kumar Vs. Khurshid Ahmad Kumar” bearing (Case No. CrPC 125/0000096/2018, CNR No. JKAN030044692018), pending before the learned court of District Mobile Magistrate, Anantnag, is withdrawn from the docket of the said Court and the same is transferred to the Court of Principal Family Court, Srinagar. The Court of District Mobile Magistrate, Anantnag, shall transmit the original record of the case to the transferee court forthwith. The transferee court upon receipt of the record, shall summon the parties and proceed further in matter in accordance with the law.
06.
Disposed of.
07.
Copies of this order be sent to both the courts below.
(Sanjay Dhar)
Judge
SRINAGAR 22-07-2026 Showkat Khan