SANJAY P SINGH Vs. BHANU PRAKASH SINGH

JUDGEMENT

(1.) This is a Petition under Article 226 of the Constitution of India, by which the Petitioners pray for quashing and setting aside the first information reports as well as the pending criminal cases pending on the file of the Chief Judicial Magistrate at Daman, Chief Judicial Magistrate at Silvasa and the Chief Judicial Magistrate at Diu. The Petitioners therefore, seek quashing of nine pending criminal cases on the file of the Chief Judicial Magistrate at Silvasa, Daman and Diu. It further appears that this Writ Petition was dismissed by this Court by its Order dated 2/9/2011. The aforesaid order was challenged in the Supreme Court and the Supreme Court set aside the order dismissing the Writ Petition for want of prosecution and remitted the matter back to this court for deciding on merits. Pursuant to the undertaking which was given before the Supreme Court on behalf of the Petitioner that no adjournment would be sought, we have heard Mr. Shirish Gupte, learned Senior Counsel for the Petitioners, Mr. F.R. Shaikh, learned APP and Mr. Rajesh Desai, learned Counsel for the respondent Nos. 10 and 11.

(2.) It further appears that the charge-sheet in all the 9 cases have already been filed way back in 1992 and the cases are pending before the Chief Judicial Magistrate, Daman, the Chief Judicial Magistrate, Silvasa and the Chief Judicial Magistrate, Diu. The principal challenge to the quashing of the aforesaid criminal cases is that the cases have been actuated by mala fides and therefore, this Court should exercise its extraordinary jurisdiction for quashing and setting aside the said pending criminal cases. Since the charge-sheets have been filed and the cases are pending before the Chief Judicial Magistrate, Daman, Silvasa and Diu, according to thus, it would be appropriate for the Petitioners to move an application before the learned Magistrate seeking discharge. The Trial Court would obviously be in a position to examine the charge-sheet and determine whether any offence is made out against the Petitioners. We are not informed that if charge is framed so far by the trial Court. In order to ensure that the Petitioners are not in any manner inconvenienced by having called upon to attend several cases before the Chief Judicial Magistrate at Daman, Silvasa and Diu, we grant liberty to the Petitioners of filing an application under section 408 of the Code of Criminal Procedure, 1973 seeking transfer of all the pending cases before one Court. We further direct that in the event the application is actually moved by the Petitioners, the District Judge hearing the said application shall expeditiously decide the same in accordance with law.

(3.) Thus, relegating the Petitioners to avail remedies available to the Petitioners in law i.e. filing an application for discharge as well as if necessary filing an application under Section 408 of the Code of Criminal Procedure for transfer of the cases to one court, we dismiss this Petition. Accordingly, Rule stands discharge with no order as to costs