HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Crl R No.66/2023 Syed Rifat Ara and anr. ….Petitioner/Appellant(s) Through :- Mr. RKS Thakur, Adv. . V/s Shayak Amin ….Respondent(s) Through :- Mr. Qadri Towkeer Nazir, Adv. Coram: HON’BLE MR. JUSTICE RAJESH SEKHRI, JUDGE ORDER 16.05.2025 1. Petitioners are aggrieved of order dated 25.08.2023 passed by learned Chief Judicial Magistrate, Ramban [“the trial Court”] whereby an application preferred by respondent under Section 410 Cr.P.C. came to be allowed and case titled „Syeed Rifat Ara v. Shayak Amin’ under Section 127 Cr. P. C. pending in the files of learned Munsiff (JMIC), Banihal came to be transferred/withdrawn from the said Court, primarily, on the ground that neither any notice was issued to petitioner No.1 nor she was provided an opportunity of being heard in the matter. 2. Response has not been filed till date. 3. Learned counsel for the respondent has fairly admitted in the court that no notice was served upon petitioner No. 1 before the impugned order came to be passed by the trial court. Sr. No. 56 2 4. Since no notice was served upon the petitioner No.1 nor any opportunity of being heard was given to her, therefore, the order impugned, being violative of principles of natural justice, does not sustain in the eyes of law. Hence, the present petition is allowed and order impugned is set aside. 5. The matter is remanded to the trial court with a direction to consider the application preferred by the respondent under section 410 Cr. P.C. afresh after affording a reasonable of being heard to the petitioners. 6. Disposed of along with connected CMs. 7. Interim direction shall stand vacated. (Rajesh Sekhri) Judge JAMMU 16.05.2025 Paramjeet