JHEBARMAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Notice of this application has been given to the learned Public Prosecutor Admit.

(2.) I am of the opinion that this transfer application can be disposed of at this stage. This is an application under Section 407 Cr. P.C. seeking transfer of a criminal case No. 167/1989 pending trial in the court of AC.J.M., Neem-ka-thana to the court of Munsiff Magistrate, Srimadhopur. The only ground on which the transfer is sought is that the case relates to F.I.R. No. 136/1987 Srimadhopur and the occurrence had taken place in village Dheni-Bada-Khet Village & Post Mau and the witnesses and the accused belong to that place which is hardly at a distance of 8 Kms. from Srimadhopur whereas Neem-ka-thana where the court of learned A.C.J.M. is situated is at a distant of 70 Kms. and the transfer of the case to Srimedhopur from Neem-ka-thana will be convenient to both the parties.

(3.) An application was moved before the learned Sessions Judge who dismissed the application under his order dated 18th September 1989.