NATHA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner Natha Singh has filed this petition under section 407 (1), Cr. P. C. for transfer in Criminal Case No. 80/87 State v. Natha Singh from the court of Judicial Magistrate, Sikar to any other Court at Jaipur.

(2.) THE petitioner has alleged that a complaint was filed against him and his son Tabdish Singh by one Dalip Singh in the Court of Judicial Magistrate, Sikar THE complaint was filed for offence under section 420 and 406, IPC. In the complaint it was alleged that Dalip Singh had gone to Delhi with his passport as he wanted to go in search of job in Arab countries. It was alleged that in Delhi he met accused persons, who assured him that arrangement shall be made for his travel to Arab countries. It was further alleged that the accused persons asked Dalip Singh that if more persons desire to travel Arab countries, the interview of those persons can be taken in the village itself and Rs. 17,000/- shall be charged from each candidate. It was further alleged that some 11 persons agreed and on September 14, 1985, the accused persons came in the village Gokulpura and they took Rs. 46,000/- as advance for arrangement of travel of the candidates to Arab countries. It was further alleged that on October 9, 1985, further sum of Rs. 1,53,000/- were also paid to the accused persons. THEreafter on making a demand the co-accused Tabdish Singh gave a writing under his signatures to give passport and Rs. 1,99,000/-, but subsequently Tabdish Singh fleetly refused to return the amount or to make arrangement for the travel of the persons to Arab countries. THE complainant further alleged that he went to lodge a report at Police Station, Sadar Delhi but the Station House Officer refused to take any action and asked him to file a complaint in the Court of law. THE complaint was forwarded by the learned Magistrate to the Police Station, Sadar, Sikar under sec. 156 (3), Cr P. C. for registration and investigation of case. THE police after usual investigation submitted a charge-sheet against the petitioner and the co-accused Tabdish Singh for the offences under sections 406 and 420, IPC.

(3.) I have heard Mr. Tibrewal for the petitioner, Mr. Dhankar for the complainant and Mr. Shrimal learned Public Prosecutor for the State.