Sr. No. 48 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU TrP (Crl) No. 07/2021 CrlM No. 1698/20212 Sajid Beigh, Age 43 years S/O Late Latief Beigh R/O House No. 232, Mohalla Baba Jeewan Shah, Shahidi Chowk, Jammu .…. Petitioner(s) Through:- Mr. Bari Abdullah, Advocate. V/s Khursheed Ahmed Wani S/O Late Ghulam Qadir Wani R/O Nagam, Tehsil Banihal, District Ramban …..Respondent(s) Through:- CORAM: HON’BLE MR. JUSTICE M A CHOWDHARY, JUDGE ORDER 09.09.2025 1. Petitioner, through the medium of this criminal transfer application, seeks transfer of the complaint titled ‘Khursheed Ahmed Wani vs. Sajid Beigh’, filed for commission of offence punishable under Section 138 of Negotiable Instrument Act, from the Court of learned Judicial Magistrate, Banihal, to any other Court having competent jurisdiction at Jammu. 2. The ground urged by the petitioner is that he is the younger brother of a retired Deputy Inspector General (DIG) of Police and, since 1990, owing to militancy in the Banihal area, he had migrated to Jammu and still faces security threat in Banihal, as such, it is highly inconvenient for him to face trial in the aforesaid complaint filed by the respondent at Banihal. TrP (Crl) No. 07/2021 3. The respondent, despite service of notice and appearance through counsel Mr. A.M. Malik, Advocate, on 6th April, 2022, did not file objections to this petition, and has now no representation. 4. On consideration of the matter and the plea raised by the petitioner, it is deemed proper that instead of transferring the complaint to any Court at Jammu as prayed for, the same be withdrawn from the Court of learned Judicial Magistrate, Banihal, and assigned to a Court at Ramban, which shall be convenient for both parties. The petitioner, as accused, has to appear from Jammu, while the respondent, as complainant, has to appear from Banihal area. Ramban, being convenient to approach from both sides, would be would be proper place to conduct trial of the complaint. 5. Viewed thus, the transfer application is allowed. The complaint titled ‘Khursheed Ahmed Wani vs. Sajid Beigh’ is ordered to be withdrawn from the Court of learned Judicial Magistrate, Banihal, and is transferred to the Court of learned Chief Judicial Magistrate, Ramban, to be tried either by himself or by any Magistrate, at the headquarters. 6. Copies of this order shall be forwarded to the trial Court as well as the transferee Court for information and compliance. 7. This petition (TrP (Crl) No. 07/2021), stands disposed of along with connected application(s). (M A Chowdhary) Judge Jammu: 09.09.2025 Michal Sharma/PS