S. No. 52 Regular Cause List INTHE HIGH COURT 0F JAMMU & KASHMIR AND LADAKH AT SRINAGAR (Through Virtual Mode from Jammu) CRM(M) 535/2023 HINA MUSHTAQ …Appellant(s)/Petitioner(s) Through: Mr. Rizwan un Zaman, Advocate Vs. UNION TERRITORY THROUGH POLICE STATION BIJBEHARA ...Respondent(s) Through: Mr. Jehangir A Dar, GA CORAM: HON’BLE MR. JUSTICE VINOD CHATTERJI KOUL-JUDGE ORDER 28.02.2025 Petitioner is seeking setting aside and quashing of order dated 10.07.2023, passed by Chief Judicial Magistrate Anantnag, (for short “CJM”) in case bearing File no.75/M instituted on 19.06.2023 and decided on 10.07.2023, whereby Judicial Magistrate 1st Class, Bijbehara, (for short “JMIC”), has been directed not to proceed with the trial for the moment. The case of the petitioner is that he along with other 24 accused have been charged for offences punishable under Sections 201, 409, 418, 420, 456, 467, 468, 471 and 120-B of IPC and challan was presented before JMIC. He submits that during pendency of challan, one of the accused persons figuring at serial no.20, filed an application before CJM, Anantnag, seeking transfer of the case/challan from JMIC to CJM. Alongside the said transfer application, he also moved an application for grant of interim relief. Learned counsel for the petitioner submits that while application seeking transfer is pending, CJM has passed order impugned asking JMIC, not to proceed with the trial for the moment and as a result whereof the trial before JMIC has been halted and that it would be appropriate if order impugned is set-aside and Trial Court is directed to decide transfer application expeditiously. -2- CRM(M) 535/2023 Having regard to submissions made by Mr. Rizwan, learned counsel for petitioner and case set up in instant petition, at this stage, it would not be proper to stay or set-aside order impugned. All that has been stated by petitioner in instant petition or all that he wants to say and submit in opposition to transfer application can be urged before CJM. Learned CJM, Anantnag, is expected to consider and decide transfer application expeditiously, preferably, within two weeks. Interim direction passed by this Court shall remain in force. Disposed of as above along with the connected CM. (VINOD CHATTERJI KOUL) JUDGE SRINAGAR 28.02.2025 “Imtiyaz” Imtiyaz Ul Gani I attest to the accuracy and authenticity of this document 10.03.2025 09:54