JETHANAND & ANR. Vs. STATE & ANR.

JUDGEMENT

(1.) This is an application u/s 482 Cr. P.C. moved with a prayer that the Criminal Case No. 81 of 1985, State Vs. Inder and ors. pending in the Court of Addl. Chief Judicial Magistrate No. 1, Ajmer, be transferred to the Court of the Chief Judicial Magistrate (E.O. Cases), Jaipur and be tried alongwith Criminal Case No. 118/86, J.L. Kapoor Vs. Jethanand . The brief facts leading to this case are that Shri Darshan Keswani, an Inspector in Central Excise and Customs Department moved an application at Police Station, Sadar Kotwali, Ajmer at 7.40 P.M. which was treated as First Information Report No. 130/84. It is alleged in the said report that he along with his staff had gone with a warrant to search the shop of the accused-petitioners. When he entered the shop he found Munni @ Teju son of Jethanand, Ramesh & Jetha present in the shop. At that time one Inder also arrived there who told the persons present in the shop to act according to the programme settled. These persons therefore, took up arms and inflicted injury on the head of informant and started giving threats. Ramesh also snatched the search warrant and ran away. They also took away the smuggled cloth which was in the shop. On receipt of this report, a case under Ss. 147, 332, 353 & 394, Penal Code was registered. After investigation, the S.H.O., Police Station, Sadar Kotwali filed charge sheet against the accused-petitioners for offences under Ss. 394, 353 & 332, Penal Code which is pending trial before the Addl. Chief Judicial Magistrate, No. 1, Ajmer. Regarding the same incident a complaint has also been filed by Shri J. L. Kapoor, Superintendent of Police (Prosecution), Central Excise, Jaipur against the accused-petitioners for offence under S. 133 of the Customs Act, 1962, which is pending before the Chief Judicial Magistrate (E.O. Cases), Jaipur. The accused-petitioners moved this Court for transfer of this case from the Court of Chief Judicial Magistrate (E.O. Cases), Jaipur to Ajmer but the application was rejected precisely because the Chief Judicial Magistrate (E.O. Cases), Jaipur is a Special Court having jurisdiction all over the State. It is thereafter that the present application has been filed by the accused-petitioners.

(2.) It is submitted by the learned counsel for the petitioner that since the facts constituting alleged offences are same, it would be in the interest of justice if both the cases are tried together as is also the intention of the legislature which is evident from the provision of S. 220 (3) Cr. P. C. It is submitted that if it is not done there are chances of conflicting decisions as well. Notice of the petition was given to Shri N. C. Chaudhary, standing counsel for U. O. I. and the department, who frankly stated that he has no objection if the case is being transferred to the court of Chief Judicial Magistrate (E. O. cases), Jaipur.

(3.) I have given my earnest consideration to the circumstances of the case and I am of the opinion that it would advance the cause of justice if both the cases are tried and disposed of by the same court simultaneously and learned Magistrate deems it proper, may consolidate them also if they fall within the scope of S. 220 (3) Cr. P. C. which reads as under:-