HIJARATI ARJANBHAI PALABHAI RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD Mr. Hijarati Arjanbhai Palabhai Rathod, petitioner as party-in-person and Ms. Moxa Thakkar, learned APP. for respondent ­ State of Gujarat. Though it is not clearly stated in the petition that the present petition is filed under which provisions, the party-in-person has prayed that the three complaints being (i) Criminal Case No. 173 of 2000, pending before JMFC, Jodiya, (ii) Criminal Case No. 5065 of 1997 pending before CJM, Rajkot and (iii) Criminal Case No. 5197 of 1998 pending before JMFC, (Court No.1), Jamnagar are filed by the State at different places and trial of all the three criminal cases are pending in different Courts i.e. at Jodiya, Rajkot and Jamnagar under the provisions of Scheduled Castes and Scheduled Tribes Prevention of Atrocities Act. Mr. Arjanbhai, party-in-person has contended that he stays at village Lilapar, Taluka Morbi, Dist. Rajkot. He further states that village Jodiya is situated at a distance of 80 Kms. from his village, Rajkot is situated at 70 Kms. from his village whereas Jamnagar is situated at a distance of 110 Kms. The party-in-person has further contended that by application dated 6.12.2001 he had even requested this Court to transfer all the three cases in one Court. The party-in-person has further raised a grievance that because of the pendency of the three cases even simple application for getting true copies of the Entries in revenue records are not being entertained by the respective authorities. The party- in-person has further ventilated his grievance that since long all the three cases are pending before three different Courts which causes harassment and inconvenience to the party-in-person. The party-in- person has therefore prayed that the petition be allowed as prayed in para 15(1) of the petition and trial of all the three cases be transferred before one Court at Rajkot, so that the petitioner i.e. party-in-person may not have to attend at three different Courts at different places.

(2.) AT the request of the Court, the learned APP. has placed on record the fact that in view of the order dated 25.2.2008 passed by this Court (Coram : Hon'ble Ms. Justice H.N. Devani) the trial of all the three cases is stayed. Ms. Thakkar has further submitted that as far as the case which is pending before JMFC, Jodiya is concerned, the same is at the stage of recording of evidence and as per instructions received, all the three cases are pending.

(3.) THIS Court by further order dated 4.3.2013 requested Ms. Moxa Thakkar, ld. APP. to inquire whether it was possible to transfer Criminal Case No. 5197 of 1998 pending before the Court of JMFC, Jamnagar and similarly Criminal Case No. 173 of 2000 pending before the Court of JMFC, Jodiya to the Court at Rajkot or not.