GUMAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is an application by the State of Rajasthan to transfer S. B. Criminal Misce. Petition No. 77 of 1979, instituted at the principal seat of the High Court at Jodhpur to Jaipur Bench, Jaipur, on the ground that the case out of which the miscellaneous application arises, is pending in the Court of the Additional Chief Judicial Magistrate. Jaipur District, Jaipur (C B.I.). The application is being opposed on behalf of Guman Singh accused in Cr. Misc. Petition No. 77 of 1979.

(2.) Para No. 3 of the High Court of Rajasthan (Establishment of a Permanent Bench at Jaipur) Order, 1976. provides, inter alia, that the High Court Bench at Jaipur, will exercise the jurisdiction and power vested in the High Court in respect of cases arising in the districts of Ajmer, Alwar, Bharatpur, Bundi, Jaipur, Jhalawar, Jhunjhunu, Kota, Sawai Madhopur, Sikar and Tonk.

(3.) Now the question is whether the case against Guman Singh pending in the court of Additional Chief Judicial Magistrate, Jaipur District, arises out of any of the aforesaid districts. The facts of the case, however, show that the occurrence took place in the district of Sirohi and initially the case was also investigated by the Rajasthan police in Sirohi, though, ultimately, it was transferred to C.B.I. and since there is a separate court established for trying cases challaned by the C.B.I., the accused was prosecuted in the court of Additional Chief Judicial Magistrate, Jaipur District. Jaipur (C.B.I.). In these circumstances, it cannot be said that the case arose in any of the district's allot ed to the Jaipur Bench. The mere fact that the case was instituted in the court located at Jaipur, is no ground for holding that the case arose out of the district of Jaipur.