SANJEEV KUMAR PAREEK Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned Counsel for the petitioner and the learned Public Prosecutor for the State.

(2.) FROM the perusal of the petition prima -facie I am satisfied that there are sufficient grounds made out for transfer and withdrawal of the proceedings pending against the petitioner before the learned A.C.J.M., Gangapur City, District Sawaimadhopur in Criminal Case No. 443/1994 arising out of FIR No. 164/97 titled State v. Sanjeev Kumar and Ors. The grounds on which the transfer of the case has been sought are that fair and impartial trial cannot be held in the Court at Gangapur city in view of the fact that the father of Smt. Subha Laxmi, the complainant in the case at whose instance criminal proceedings were initiated against the petitioners, is permanent resident of Gangapur City, while the petitioners are the permanent residents of Jaipur, out of which petitioner No. 1 is husband of the complainant and petitioner Nos. 2 to 5 are the family members of the said petitioner. On medical ground it has been stated that the father and me mother of the petitioner No. 1, who are petitioner Nos. 2 and 3 respectively are suffering from ill - health and are in the age group of 70 and 65 respectively. Another ground on which the transfer has been sought is that out of 13 witnesses cited by the complainant/prosecution at least 11 witnesses are permanent residents of Jaipur and this fact is also borne out from the list of the prosecution Witnesses which has been placed on the record of this Court alongwith additional affidavit of the petitioner. Yet another ground on which the transfer has been sought is that it is a case of protracted and long trial, since the challan was filed in the case Way Back on 4.6.1994 against Sanjeev Kumar petitioner No. 1. As regards remaining accused it was mentioned that the challan was incompetent since the investigation was pending against them under Section 173 (8), Cr.P.C. However, notwithstanding this the learned A.C.J.M., Gangapur city took cognizance of the matter against Sanjeev Kumar by condoning delay in filing the charge -sheet as against the co -accused. From the perusal of the FIR it is revealed that the alleged offence under Sections 498A and 406, IPC was committed at Jaipur, whereas the challan has been filed by the prosecution in the Court of learned A.C.J.M., Gangapur city who took cognizance against the petitioners.

(3.) BEFORE deciding the case on merit/if shall be pertinent to refer to the provisions of Section 407, Cr.P.C., 1973 which deals with the powers of the High Court to transfer the cases and appeals on the grounds inter alia as under: