STATE OF MADHYA PRADESH Vs. BAHADUR SINGH

JUDGEMENT

(1.) The State Government of Madhya Pradesh has filed the present misc. petition under section 186(b) Criminal Procedure Code 73 for transfer of the particular pending proceedings from the Court of Judicial Magistrate First Class Bassi Pathanan, District Patiala (Punjab State) to the Court of competent Magistrate at Bhopal (State of M.P.).

(2.) It is with regard to the particular Truck No. M.R.V. 6088, seized from one Lakhvinder Singh by P. 5. Sirhind, District Patiala, that certain offences were investigated both by P. 5. Shahjehanabad, Bhopal (M.P.) and by P. 5. Sirhind, District Patiala (State of Punjab). One Bahadur Singh, claiming himself to be owner of the truck in question, had lodged the report with the police regarding the theft of the vehicle committed during the intervening night of 11th and 12th January, 1983. The offence was registered by P. 5. Shahjehanabad as Crime No. 35 of 1983. Later, when the said truck was seized by P. 5. Sirhind from one Lakhvinder Singh, driving the same, in suspicious circumstances without the necessary papers of ownership etc., Sirhind Police registered the offence as Crime No. 30 of 1983 (F.I.R. Number) against Lakhvinder Singh under Sections 379 and 411 of the Indian Penal Code. Bahadur Singh on the one hand, and so also one Sohan Singh and Lakhvinder Singh on the other, laid their respective claims before the Judicial Magistrate First Class Bassi Pathanan, District Patiala for return of the truck. Objection was equally raised by the Station Officer of the p. 5. Shahjehanabad regarding the competency of the Judicial Magistrate first Class Bassi Pathanan for trial of the case, which was already under prior investigation by p. 5. Shahjebanabad in Crime No. 35 of 1983. Judicial Magistrate First Class Bassi Pathanan directed the Station House Officer of p. 5. Shahjehanabad vide his order dated 5-4-83, to approach the High Court to seek appropriate orders regarding the trial of the case. In pursuance of this order, the State Government of Madhya Pradesh, apparently at the instance of p. 5. Shahjehanabad, has moved the present petition under Section 186(b) of the Code for transfer of the proceedings pending before the Judicial Magistrate First Class, Bassi Pathanan, District Patiala (State of Punjab) and so also all investigation papers of the p. 5. Sirhind of its particular Crime No. 30 of 83 to the P. S. Shahjehanabad, in the interest of justice to facilitate the completion of the investigation, commenced earlier by p. 5. Shahjehanabad.

(3.) Advocate Shri H. S. Diwana, learned counsel for the non-applicants No.2 and 3 viz. Sohansingh and Lakhvinder Singh, has vehemently argued that the Petition under Section 186(2) of the Code, as laid, is not tenable under the said provisions, inasmuch as, the transfer of the proceedings pending in the Court of ludicial Magistrate First Class, Bassi Pathanan as well as the investigation papers of Sirhind P.S. in Crime No. 30 of 83 (FIR No. 30 of 83 dated 30-1-83) are sought to be transferred, not to any Court of this State (State of M.P.) but to the P.S. Shahjehanabad. It is, next, urged that proceedings having been first commenced in the Court of JMFC Bassi Pathanan, which was under the local limits of the criminal appellate jurisdiction of the High Court of Punjab and Haryana, this Court, i.e. the High Court of M.P. is not competent to decide the question, as to; which of the two Court i.e. the Court of JMFC Bassi Pathanan (Punjab) or the Court of MFC Bhopal (MP) is empowered to try the particular offences.