RAM NAZAR TIWARI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) In this transfer application under S. 407, Cr.P.C. a short question arises to decide which the necessary factual background needs to be mentioned.

(2.) There is a shop known as Janta Kendriya Upbhokta Sahkari Bhandar Ltd. situated in Rudrapur, district Deoria, Ram Nazar Tiwari, applicant was allegedly the salesman in the said Bhandar and one Gaya Prasad Dwivedi was said to be the Secretary. On 16-2-1988 an F.I.R. was lodged by the applicant against Gaya Prasad Dwivedi which gave rise to the case Crime No.444 of 1990 of Police Station-Rurapur. After investigation the police has admittedly filed a charge sheet under S. 380, I.P.C. against Gaya Prasad Dwivedi which is now pending in the court of I Judicial Magistrate, Deoria. Another F.I.R. has been lodged by Gaya Prasad Dwivedi through the Co-operative Cell at Gorakhpur under S.409,I. P.C. against Ram Nazar Tiwari, applicant. After due investigation the said case has been charge-sheeted by the police and is now pending as Case No.1958 of 1990 under S.409, I.P.C. in the court of Judicial Magistrate, 1, Gorakhpur.

(3.) The controversy is as to whether the two cases which admittedly relate to the goods belonging to the said Bhandar should be tried together by the same court or not. Sri R.B. Tripathi, learned counsel for the applicant stressed that since all the witnesses even in the case instituted at Gorakhpur belonged to Deoria, the place of incident also happens to be Rudrapur situated in the district of Deoria and that the allegations pertain to the district Deoria interest of justice requires that two trials should be held in Deoria.