CHANNU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Through this transfer petition, the petitioner seeks transfer of case arising out of F. I. R. No. 58/98 titled "state of Punjab vs. Channu" for offences under Section 379/4111pc pending before the Court of learned Chief Judicial magistrate, Bhatinda to the Court of learned metropolitan Magistrate, Patiala House, New delhi. The justification advanced in support of the transfer petition is that the case under trial at Delhi arising out of F. I. R. No. 87/88 for offences under Section 379/411 Indian Penal Code Police station Nazafgarh and the case under trial at bhatinda pertain to the same vehicle in question and, therefore, the petitioner be tried before the Court of Metropolitan Magistrate, patiala House, New Delhi to avoid any in-consistent orders.

(2.) From a perusal of the charge-sheet in f. I. R. No. 58/98 pending before the learned chief Judicial Magistrate, Bhatinda as well as the charge-sheet which is subject matter of trial pending before the learned Metropolitan Magistrate, patiala House, New Delhi, we find that particulars of the vehicle in question are the same. Under these circumstances, we allow this transfer petition and withdraw the criminal case arising from F. I. R. No. 58/98 titled "state of punjab vs. Channu" from the Court of Chief judicial Magistrate, Bhatinda and transfer it to the Court of learned Metropolitan Magistrate, patiala House, New Delhi who shall try the case along with case arising out of F. I. R. No. 87/ 98, Police Station Nazafgarh.

(3.) Learned Chief Judicial Magistrate, bhatinda shall send the record pertaining to case F. I. R. No. 58/98 to the transferee Court at Delhi without any delay.