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Madhya Pradesh High Court · body

2019 DIGILAW 413 (MP)

Pramod Namdev v. State of M. P.

2019-06-17

VANDANA KASREKAR

body2019
ORDER 1. Heard. 2. This petition has been filed under section 407 of the CrPC for transfer of trial from Rajgarh (Biora) to any other district. 3. The petitioner was District Nazir in the Office of District and Sessions Judge, Rajgarh (Biaora). During his official capacity he has misappropriated the valuable articles and Narcotic Drugs from the Malkhana, therefore, OIC Malkhana CJM Rajgarh lodged a report against the petitioner. Consequently, seven criminal cases were registered against the petitioner. Earlier the applications under section 407 for transferring the 4 cases have already been filed on the ground that in these cases actually the District and Sessions Judge, Rajgarh is complainant and the trial Judges are under his subordination, therefore, petitioner has an apprehension that he may not get the justice from these Courts. These applications have been allowed by this Court and the cases were transferred from Rajgarh to Sessions Court, Indore. Now the petitioner has filed this application for transferring the Case No. 278/2018 in S.T. No. 142/2019, which is pending against him in the Court of Additional District and Sessions Judge, Rajgarh (Biaora) for offence under section 409, 420, 467 and 468 of IPC from the Court of Additional District and Sessions Judge, Rajgarh (Biaora) to any other District. 4. Learned Government Advocate has no objection in allowing the application. 5. After hearing learned counsel for the parities, I have gone through the record. 6. In identical facts, this Court has allowed the earlier applications and transferred the cases from Sessions Division, Rajgarh (Biaora) to Sessions Division, Indore. Therefore, the aforesaid petition is allowed and it is directed that Case No. 278/2018 in S.T. No. 142/2019, pending in the the Court of Additional District and Sessions Judge, Rajgarh (Biaora) are withdrawn from their file and it is transferred to Sessions Division, Indore. Sessions Judge, Indore is directed to make over the case to concerned Special Judge/ASJ, Indore. 7. Thus, the petition is allowed.