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Madhya Pradesh High Court · body

2013 DIGILAW 1578 (MP)

State of M. P. v. Abu Fazal

2013-12-20

N.K.GUPTA

body2013
ORDER 1. The State has moved an application under section 407/482 of the CrPC relating to transfer of various 18 criminal cases pending before the various Courts in the State of Madhya Pradesh to the Sessions Court, Bhopal. 2. I have heard the learned counsel for the parties at length. 3. On the petition, notices were given to the respondents, so that if they have any objection, they may inform accordingly. The respondent No. 32 has submitted his objection in writing, whereas the respondents No. 18 to 20 have raised their objections during the final hearing on the ground that it would be inconvenient for them to visit Bhopal from Nagod on the frequent dates. 4. The main objection of the respondents No. 18 to 20 is that they are residents of Nagda and it would be difficult for them to attend the various Courts at Bhopal on each and every date but, the learned Additional Advocate General has submitted that the State is ready to pay their TA/DA for attending the criminal Courts at Bhopal from Nagda for each and every date and therefore, the objection raised by these respondents is resolved as per the suggestion given by the learned Additional Advocate General. So far as the objection of the respondent No. 32 is concerned, he is a resident of Lucknow and it makes no difference for him to attend the various Courts of Madhya Pradesh or to attend the Courts at Bhopal. On the contrary, Bhopal is properly connected by railways from Lucknow and therefore, if he is on bail then, he would have no problem to attend the Courts at Bhopal in place of attending various Courts in the State of Madhya Pradesh. 5. After considering the submissions made by the learned counsel for the parties, the attention of this Court is invited by the learned Additional Advocate General that out of 32 respondents, 6 respondents absconded from the District Jail, Khandwa and looking to the criminal past of various respondents, it would be proper that they may be kept in some Central Jail. Looking to the various cases pending in various Courts, it appears that Bhopal would be a central place for all such accused and witnesses. Looking to the various cases pending in various Courts, it appears that Bhopal would be a central place for all such accused and witnesses. It is in the interest of justice that for fair trial of the cases, they should be collected at one place for the security of the accused as well as the witnesses. It is true that the matter does not fall exactly within the purview of section 407 of the CrPC but, looking to the event of absconding of some respondents, who were told as members of SIMI, it would be proper that inherent powers of this Court may also be exercised and the cases be transferred to various Courts of a particular Sessions division, so that appropriate security arrangements may be made. 6. On the basis of the aforesaid discussion and in the interest of justice, it would be proper to transfer all the aforesaid criminal cases pending before the various Courts in the jurisdiction of the State of Madhya Pradesh to the criminal Courts at Bhopal. Out of the 18 criminal cases shown against the respondents, 2 cases are already pending before various Courts of Bhopal and therefore, there is no need to pass a transfer order for those two cases. 7. Hence, application under section 407/482 of the CrPC filed by the State is hereby allowed and 16 cases out of 18 cases which are shown in the table given below are transferred from various Courts of the State of Madhya Pradesh to the criminal Courts of Bhopal. There is some ambiguity in the list and it is not clear for some cases that they are pending before the Sessions Court or the Magisterial Court and therefore, crime number of the particular police station is also given in the list, so that if case is found pending in any other Court which is not shown in the list then, still it be transferred. S. Case No. Parties Name Pending before Remarks No 1. S.T.No.188/ Abdulla and 4th Additional Crime No.14/2009. 2011 others Sessions Judge, Police Station Kotwali, Khandwa District Khandwa. 2. S.T.No.187/ Amjad and 4th Additional Crime No.164/2009. 2011 others. Sessions Judge, Police Station Kotwali, Khandwa District Khandwa. 3. S.T.No.84/ Iqrar Sheikh Sessions Judge, Crime No.456/2009. 2012 and others. Dewas Police Station Bank Note Press, District Dewas. 4. S.T.No.214/ Abu Faizal 4th Additional Crime No.728/2009. 2011 and others. 2011 others Sessions Judge, Police Station Kotwali, Khandwa District Khandwa. 2. S.T.No.187/ Amjad and 4th Additional Crime No.164/2009. 2011 others. Sessions Judge, Police Station Kotwali, Khandwa District Khandwa. 3. S.T.No.84/ Iqrar Sheikh Sessions Judge, Crime No.456/2009. 2012 and others. Dewas Police Station Bank Note Press, District Dewas. 4. S.T.No.214/ Abu Faizal 4th Additional Crime No.728/2009. 2011 and others. Sessions Judge, Police Station Kotwali, Khandwa District Khandwa. 5. S.T.No.216/ Mohd. 4th Additional Crime No.729/2009. 2011 Ajajuddin. Sessions Judge, Police Station Kotwali, Khandwa District Khandwa. 6. S.T.No.215/ Mohd. 4th Additional Crime No.703/2009. 2011 Ajajuddin. Sessions Judge, Police Station Khandwa Mohghat, District Khandwa. 7. S.T.No.190/ Abu Faizal Additional Crime No.72/2010. 2012 and others Sessions Judge, Police Station Itarsi, Itarsi. District Hoshangabad. 8. S.T.No.181/ Abu Faizal Additional Crime No.168/2010 2012 and others Sessions Judge, Police Station Itarsi, Itarsi. District Hoshangabad. 9. S.T.No.121/ Zakir @ Sadik First Additional Crime No.125/2010 2012 and others. Sessions Judge, Police Station Jaora Ratlam City, District Ratlam. 10. S.T.No.21/ Zakir @ Sadik First Additional Crime No.149/2010. 2012 and others. Sessions Judge, Police Station Pipaliya Mandsaur Mandi, District Mandsaur. 11. S.T.No.411/ Abu Faizal Additional Crime No.431/2010 2012 and others. Sessions Judge, Police Station Bhopal Hanumanganj, District Bhopal. 12. S.T.No.471/ Abu Faizal Additional Crime No.112/2011. 2011 and others. Sessions Judge, Police Station Birla Khachrod Gram Nagda District Ujjain. 13. S.T.No.66/ Mohd. Farhat Third Additional Crime No.224/2011. 2012 and others. Sessions Judge, Police Station Station Ratlam Road, District Ratlam. 14. S.T.No.308/ Mohd. Farhat Third Additional Crime No.35/2011 2011 and others. Sessions Judge, Police Station G.R.P., Ratlam District Ratlam. 15. S.T.No.699/ Mohd.Ajajudd 4th Additional Crime No.04/2011 2011 in and others. Sessions Judge, Police Station Bhopal STF/ATS, District Bhopal. 16. S.T.No.677/ Mujeeb 9th Additional Crime No.05/2011 2011 Sheikh and Sessions Judge, Police Station STF/ATS others. Jabalpur. District Jabalpur. 17. S.T.No.65/ Zakir @ Sadik Third Additional Crime No.290/2011 2012 and others. Sessions Judge, Police Station Manak Ratlam Chowk, District Ratlam. 18. Criminal Abu Faizal CJM, Harda. Crime No.525/2009 case and others. Police Station Kotwali, No.886/2013 District Harda. 8. All the cases given in the above list which are shown pending before the Sessions Court of various districts are transferred to the Sessions Judge, Bhopal, who may transfer such cases to the Additional Sessions Judges, so that a speedy trial may take place. Cases which are pending before the Magisterial Courts are transferred to the Chief Judicial Magistrate, Bhopal. 9. Cases which are pending before the Magisterial Courts are transferred to the Chief Judicial Magistrate, Bhopal. 9. A copy of the order be sent to all the concerned Courts, where the aforesaid 18 cases are pending, so that case files may be sent by them to the Courts at Bhopal, without any delay. It would be arranged for the persons who are in jail that they shall be shifted to the Central Jail, Bhopal. 10. The State shall arrange for a police officer not below the rank of DSP at Bhopal, so that the accused persons who are on bail and liable to attend the Courts at Bhopal shall be provided their TA/DA at Bhopal on each and every date of their attendance.