Ram Nath Mishra Son Of Awadh Kishore Mishra v. Anita Mishra D/o Umakant Pandey
2019-01-08
SHREE CHANDRASHEKHAR
body2019
DigiLaw.ai
JUDGMENT Shree Chandrashekhar, J. - Status report from the court concerned in Jugsalai Bagbeda P.S Case No.186 of 2014, corresponding to G.R No.2216 of 2014 has been received. 2. It is reported that by that time one prosecution witness namely, Birendra Pandey was examined. The further report dated 17.05.2018 would disclose that non-bailable warrant was issued on 10.04.2018 for compelling appearance of other witnesses. 3. Status report in Ahilyapur P.S Case No.15 of 2016, corresponding to G.R No.490 of 2016 would disclose that the case was pending for the prosecution''s evidence. 4. The petitioner, who is one of the accused in Ahilyapur P.S Case No.15 of 2016 seeks transfer of the said case to a court of competent jurisdiction at East Singhbhum (Jamshedpur). 5. Plea raised by the petitioner is that on similar facts another case has been lodged by the complainant-O.P.No.1 which is pending trial in the court at East Singhbhum (Jamshedpur) and, therefore, it would be convenient for both the parties if both the cases are tried at the same place. 6. The First Information Report vide Ahilyapur P.S Case No.15 of 2016 has been registered for the offence punishable under section 498-A I.P.C and of the D.P Act whereas Jugsalai Bagbeda P.S Case No.186 of 2014 pending in the court at East Singhbhum (Jamhsedpur) has been lodged for the offences punishable under sections 498-A, 323, 406, 504 and 506 I.P.C and section of the D.P Act. In Ahilyapur P.S Case No.15 of 2016 seven persons have been made accused whereas in Jugsalai Bagbeda P.S Case No.186 of 2014 as many as nine persons have been made accused. It is not the case pleaded by the petitioner that the witnesses cited in the charge-sheet filed in both the criminal cases are common. In fact, the transfer petition at the instance of one accused without arraying other accused persons as respondents is not maintainable and on this ground alone this transfer petition is liable to be dismissed. On merits also, I find that the petitioner has failed to make out a case for transfer under section 407 Cr. P.C. Moreover, after examination of the witnesses in Jugsalai Bagbeda P.S Case No.186 of 2014 (G.R No.2216 of 2014) has commenced, transfer of Ahilyapur P.S Case No.15 of 2016 can be ordered only in exceptional circumstances; no such circumstance has been shown by the petitioner in the present proceeding. 7.
P.C. Moreover, after examination of the witnesses in Jugsalai Bagbeda P.S Case No.186 of 2014 (G.R No.2216 of 2014) has commenced, transfer of Ahilyapur P.S Case No.15 of 2016 can be ordered only in exceptional circumstances; no such circumstance has been shown by the petitioner in the present proceeding. 7. In view of the aforesaid facts, I find no merit in this petition and accordingly, Transfer Petition (Cr.) No.11 of 2017 is dismissed.