Research › Search › Judgment

Rajasthan High Court · body

2001 DIGILAW 1636 (RAJ)

Rakesh Agrawal S/o Nand Kishore v. The State of Rajasthan

2001-10-08

H.R.PANWAR

body2001
JUDGMENT 1. - By this criminal miscellaneous transfer application under section 407 Cr.P.C., petitioners are seeking transfer of the Court case No. 82/2001 pending in the Court of Additional Civil Judge (Jr.Div.) and Judicial Magistrate No. 3, Bhilwara to the Court at Bundi. Earlier also, petitioners filed three separate Criminal Miscellaneous Transfer Applications No. 9/99, 10/99 and 11/99 seeking transfer of the case from the Court of Chief Judicial Magistrate, Bhilwara to Bundi. 2. This Court vide order dated 25.4.2000, allowed the transfer applications and directed the cases mentioned therein to be transferred to the Court at Bundi. Petitioner again filed Criminal Misc. Transfer Application No. 4/2001 and 5/2001 arising out of the matter which were closely interrelated seeking transfer of the cases from the Court of Chief Judicial Magistrate, Bhilwara to the Court of Additional Chief Judicial Magistrate, Gulabpura. This Court vide order dated 16.7.2001, allowed both the transfer applications and directed both the cases to be transferred from the Court of Additional Chief Judicial Magistrate, Bhilwara to the Court of Additional Chief Judicial Magistrate, Gulabpura, District Bhilwara. 3. I have heard learned counsel for the parties. Perused the various orders. 4. It is contended by the learned counsel for the petitioners that there were other matters between the parties and some of them had already been transferred from Bhilwara to Bundi. Those matters have already been compromised. The petitioners apprehend their safety at Bhilwara and therefore, seek transfer of the case pending in the Court of Judicial Magistrate No. 3, Bhilwara to Court at Bundi. However, during the course of arguments, he submits that the cases transferred to the Court at Bundi have already been compromised and two of the cases have recently been transferred by this Court to the Court of Additional Chief Judicial Magistrate, Gulabpura, this case may also be transferred to Gulabpura. 5. Considering the circumstances on the basis of which above noticed other cases had been transferred and also considering the totality of circumstances, I think it proper to transfer this case from the Court of Additional Civil Judge (Junior Division) and Judicial Magistrate No. 3, Bhilwara to the Court of Additional Chief Judicial Magistrate, Gulabpura, District Bhilwara. 6. 5. Considering the circumstances on the basis of which above noticed other cases had been transferred and also considering the totality of circumstances, I think it proper to transfer this case from the Court of Additional Civil Judge (Junior Division) and Judicial Magistrate No. 3, Bhilwara to the Court of Additional Chief Judicial Magistrate, Gulabpura, District Bhilwara. 6. Accordingly, the transfer application is allowed and case No. 82/2001 arising out of FIR No. 347/96 pending in the Court of Additional Civil Judge (Junior Division) and Judicial Magistrate No. 3, Bhilwara, is transferred to the Court of Additional Chief Judicial Magistrate, Gulabpura, district Bhilwara. The parties are directed to appear before the transferee Court on 26.11.2001.Application allowed. *******