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2013 DIGILAW 1988 (RAJ)

Sapna v. State of Rajasthan

2013-11-12

SANDEEP MEHTA

body2013
JUDGMENT 1. - This transfer application is pending before this Court for the last 1)4 years for transfer of revision No. 102/2011 pending in the Court of learned Sessions Judge Pali to the Court of learned Sessions Court, Jodhpur Metro. 2. Respondents No. 5 and 6 are the persons who were discharged by the Trial Court in criminal case arising out of F.I.R. No. 43/2008 filed by the petitioner for the offences under Sections 498A, 406, 323, 354 and 326 of the I.P.C. The criminal case No. 66/2008 which was registered against the accused after concluding investigation has been transferred to the Court of learned Sessions Judge, Jodhpur Metro by the order dated 23.8.2011 passed by this Court in S.B. Criminal Transfer Petition No. 17/2011. The present transfer application is for transfer of the revision filed by the petitioner against the order of discharge dated 26.6.2010 passed by the learned Judicial Magistrate, 1st Class, Pali in the aforesaid Case No. 66/2008. The respondent No. 5 is not being served in this, miscellaneous petition since the last VA years. 3. Though the respondents No. 2, 3, 4 and 6 have been served yet nobody has put in appearance on their behalf. 4. In this view of the matter, this Court is of the opinion that no useful purpose will be served by keeping this transfer application pending before this Court for want of service of respondent No. 5. Otherwise also, as the original case already stands transferred to the Court of Chief Metropolitan Magistrate, Jodhpur, thus the revision filed in relation to the same case is also required to be heard at Jodhpur. It is relevant to mention here that the respondent No. 5 was not served in the revision by the time this transfer petition was moved before this Court. The respondent No. 5 will be provided ample opportunity to defend himself in the aforesaid revision as the Revisional Court will be required to have him served before proceeding to consider the revision. 5. Accordingly, the transfer application is allowed and the proceedings of Cr. Revision No. 102/2011 filed by the petitioner pending in the Court of the learned Sessions Judge, Pali against the respondents No. 2 to 6 is hereby transferred to Sessions Court, Jodhpur Metropolitan. 5. Accordingly, the transfer application is allowed and the proceedings of Cr. Revision No. 102/2011 filed by the petitioner pending in the Court of the learned Sessions Judge, Pali against the respondents No. 2 to 6 is hereby transferred to Sessions Court, Jodhpur Metropolitan. The learned Sessions Judge, Jodhpur Metropolitan shall have the notices served on the respondents before considering the revision and thereafter opportunity of hearing shall be provided to both the parties and then the revision shall be decided in accordance with law.Application allowed. *******