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2002 DIGILAW 1182 (PAT)

Chandra Shekhar Singh v. State Of Bihar

2002-11-01

P.N.YADAV, S.N.JHA

body2002
Judgment 1. These three applications have been filed for transfer of Sessions Trial Nos. 153/96, 155/96 and 154/96 pending before the 1st Additional Sessions Judge, Hazaribagh to any court within the territorial jurisdiction in the State of Bihar for trial. 2. The aforementioned sessions trial arise respectively, from Chapra (Town) P.S. Case No. 16/92, Masharak (Panapur) P.S. Case No. 62/95 and Masharak P.S. Case No. 191/91. The cases, along with other cases, were transferred by the State Government under section 185 of the Code of Criminal Procedure for trial in a court at Hazaribagh Sessions Division vide notification contained in memo no. 2160 dated 27.2.96. The notification stated that having regard to the antecedents of the persons involved in the cases the trial at Chapra was likely to give rise to law and order problems adversely affecting public interest and it was desirable that the cases be transferred to Hazaribagh Sessions Division. This Court concurred in the transfer of the cases and an order to this effect was passed in Cr. Misc. No. 5914 of 1996 on 27.3.96. 3. In the instant applications it has been stated that upon division of the State of Bihar under the Bihar Reorganisation Act, 2000 the trial at Sessions Division at Hazaribagh is likely to give rise to complications and there is possibility of the trial being delayed and in the circumstances the cases may be transferred to any Sessions Division in the State of Bihar. The prayer is not opposed on behalf of the State of Jharkhand or the State of Bihar. Though a doubt was expressed as to whether the cases can be recalled and transferred in terms of the provisions of section 407 of the Code of Criminal Procedure under which cases are ordinarily recalled/ transferred from one court/jurisdiction to other, counsel for the parties was unanimous that order can be passed in terms of section 89 of the Reorganisation Act. Section 89 of the Act is as follows. "89. Transfer of pending proceedings. Section 89 of the Act is as follows. "89. Transfer of pending proceedings. (1) Every proceeding pending immediately before the appointed day before a court (other than the High Court), Tribunal, authority or officer in any area which on that day falls within the State of Bihar shall, if it is a proceeding relating exclusively to the territory, which as from that day is the territory of Jharkhand State, stand transferred to the corresponding court Tribunal, authority or officer of that State. (2) If any question arises as to whether any proceeding should stand transferred under sub-section (1), it shall be referred to the High Court at Patna and the decision of that High Court shall be final. (3) ........." 4. Without going into the question as to whether the cases can be recalled/ transferred under section 407 Cr.P.C, for labelling of the provision is not relevant and what is relevant is the source and substance of power, we are of the view that the cases be transferred under section 89 of the Reorganisation Act. The objects for which the cases were transferred to Hazaribagh Sessions Division can be achieved by transferring them to another Sessions Division in the State of Bihar as it now exists after division of the State under the Bihar Reorganisation Act. 5. Accordingly, after hearing the counsel for the parties and considering the pros and cons of the matter, we direct that Sessions Trial Nos. 153/96, 154/96 and 155/96 be recalled from the court of Additional Sessions Judge, Hazaribagh a transferred to Bhagalpur Sessions Dision, for trial. The cases may be tried Sessions Judge, Bhagalpur himself on signed to any Additional Sessions Judge for the purpose. 6. The applications stand disposed. 7. Let a copy of this order be hand over to Shri Amar Nath Singh for the State of Bihar and, Shri Shyam Kishore Shan for the State of Jharkhand each for co munication.