DURGA LAL AND ANR. Vs. STATE

JUDGEMENT

(1.) These two transfer petitions relate to transfer of criminal case No. 186/2007 State v/s. Durga Lal and Ors. from the court of Additional Chief Judicial Magistrate No. 3, Jaipur City, Jaipur to the court of Additional Chief Judicial Magistrate, Bundi and, therefore, these are being disposed of by this common order. The facts giving rise to these two transfer petitions may be summarised thus. On the basis of a written report lodged by one Mahaveer Prasad Sharma on 22.11.2006 for the theft of idols and Mukut F.I.R. No. 474/06 was registered at the police station Sadar, Bundi under Ss. 457, 380 IPC. Thereafter on the basis of a secret information Richhpal Singh SHO Police Station Sanjay Circle, Jaipur on 26.1.2007 arrested the four petitioners and recovered idols, mukut etc. from their possession and F.I.R. No. 8/2007 under Sec. 411 read with Sec. 34 IPC was registered at the police station Sanjay Circle, Jaipur. The petitioners were then arrested on 30.1.2007 by the Bundi Police also in the case No. 474/2006. After investigation of the cases registered at two different places the police station Sanjay Circle, Jaipur filed a challan against the petitioners under Sec. 411 read with Sec. 34 IPC in the court of Additional Chief Judicial Magistrate No. 3. Jaipur City, Jaipur whereas the police station Sadar, Bundi Filed a charge sheet against the four petitioners and four others under Ss. 457, 380, 411, 109 & 120B IPC in the court of Additional Chief Judicial Magistrate, Bundi. The petitioners have prayed that the criminal case No. 186/07 State v/s. Durga Lal & Ors. pending in the court of Additional Chief Judicial Magistrate No. 3, Jaipur City, Jaipur be transferred to the court of Additional Chief Judicial Magistrate, Bundi so that both the cases may be tried together.

(2.) Heard learned counsel for the petitioners and learned public prosecutor.

(3.) Both the cases pertain to the same occurrence i.e. theft of idols, mukut etc. The occurrence has taken place at Bundi, therefore. I am of the view that the cases should be tried together at Bundi. Consequently, the two petitions are allowed and it is directed that the criminal case No. 186/2007 State v/s. Durga Lal & Ors. pending in the court of Additional Chief Judicial Magistrate No. 3, Jaipur City, Jaipur shall stand transferred to the court of Additional Chief Judicial Magistrate, Bundi and the Additional Chief Judicial Magistrate, Bundi is directed to try the criminal case so transferred to it along with criminal case No. 123/07 State v/s. Durga Lal and Ors. already pending in his court and decide both the cases simultaneously.