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2000 DIGILAW 305 (RAJ)

Harbans Singh v. Central Bureau of Investigation

2000-03-06

MOHD.YAMIN

body2000
JUDGMENT 1. - Heard. 2. This petition under section 407 Cr.P.C. has been preferred by the accused-petitioners to transfer Cr. Cas.... No. 1/99 pending before Additional Chief judicial Magistrate, jodhpur to Court of competent jurisdiction at Sriganganagar. 3. On 341.9.1996 at about 6.30 p.m. Subhash Chandra resident of Purani Abadi, Sriganganagar lodged a report at police station Sadar, Sriganganagar to the fact that his shop was situated in Purani Abadi. In August, 1995 he went to Government Hospital at Suratgarh Road at about 10.00 a.m. and at that time Harbans Singh, Kashmir Singh and Dara Singh met him. They asked him as to why he was carrying on such small shop and that they would get him declared pass in Xth Class through correspondence from Punjab Education Board and he has to pay only a sum of Rs. 10,000/-. A sum of Rs. 5,000/- was asked to be paid in advance. Subhash Chandra paid this much of amount. They then did not contact him for seven or eight months. When they met, they asked for the balance amount which was paid. He obtained a certificate. On return, he showed it to his grand-father who told that the certificate was forged one. Subhash Chandra again contacted them but they refused to pay back the money and threatened with dire consequences. 4. FIR No. 301/96 was registered at police station Sadar, Sriganganagar for offences under sections 420, 467, 468, 120-B IPC. Later on the investigation was transferred to C.I.D., Bikaner and ultimately it was handed over to the CBI. CBI investigated the matter and found that in all 25 persons were involved in this matter. The CBI filed a charge-sheet before the Magistrate having jurisdiction at Jodhpur. 5. A notice of this petition was given to the learned standing counsel for CBI who objected to transferring of the case and submitted a notification of Law Department dated 12.1.1999 which has given powers to Additional Chief Judicial Magistrate, CBI Cases, Jodhpur to try cases in relation to District Sriganganagar in which challan is submitted by the CBI. Learned standing counsel of the CBI submitted that day to day trial can be held at Jodhpur and it is not necessary to transfer the case to any other Court situated at Sriganganagar. 6. Learned standing counsel of the CBI submitted that day to day trial can be held at Jodhpur and it is not necessary to transfer the case to any other Court situated at Sriganganagar. 6. Learned counsel for the petitioner submitted that as per provisions of Section 177 Cr.P.C. every offence is ordinarily to be inquired and tried in the Court within whose local jurisdiction offence was committed. Learned counsel submitted that even if investigation is done by CBI since the offences are not triable by any special Court, the case can be transferred to Sriganganagar because there are 25 accused persons of that area and they have to undergo a lot of expenses on every date if they come to Jodhpur, the fare being Rs. 200/- per head. According to him even most of the witnesses belong to that area and it will be convenient for all the parties if the trial is held at Sriganganagar. He submitted that even if there is a notification, it does not take away the powers of this Court under section 407 Cr.P.C. 7. I have given my thoughtful consideration. Definitely the notification, on which the learned standing counsel of CBI relies, does not bar the jurisdiction of this Court to transfer a case from one Court to other for the convenience of the parties. Section 407(1)(c) Cr.P.C. provides that whenever it is made to appear to the High Court that an order under this section is required which will tend to the general convenience of the parties or witnesses, or is expedient for the ends of justice, it may order that any particular cases may be transferred and tried by any competent Court or enquire or try such offences. 8. In view of above, I feel that it will be convenient for all the parties if the case is tried at Sriganganagar. 9. Consequently, the petition is allowed and it is ordered that Cr.Case No. 1/99, State of Rajasthan v. Harbansh Singh & Ors. , under sections 467, 468, 471, 420 & 120-B IPC, is withdrawn from the Court of Additional Chief Judicial Magistrate, CBI Cases, Jodhpur and is transferred to the Court of Chief Judicial Magistrate, Sriganganagar. The file be sent by learned Additional Chief Judicial Magistrate, Jodhpur to Chief Judicial Magistrate, Sriganganagar forthwith and the learned Chief Judicial Magistrate, Sriganganagar will try the case according to law as expeditiously as possible. The file be sent by learned Additional Chief Judicial Magistrate, Jodhpur to Chief Judicial Magistrate, Sriganganagar forthwith and the learned Chief Judicial Magistrate, Sriganganagar will try the case according to law as expeditiously as possible. Parties are directed to be present before Chief Judicial Magistrate, Sriganganagar on 303.2000. A copy of this order be sent to both the Courts below immediately.Petition allowed. *******