RAM AWADH GUPTA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant petition has been filed seeking appropriate order of transfer of the case bearing Daltonganj Rail P.S. Case No. 14 of 2002, corresponding to G.R. Case No. 428 of 2002, which is presently pending in the Court of the Railway Judicial Magistrate, Daltonganj to the Court of Shri N. All, Special Judge, C.B.I., Rahchi.

(2.) THE facts of the case in brief is that the petitioner, who is a passenger, travelling by one Train No. 8101 UP Express had booked his Scooter at Ranchi to be unloaded at Garhwa. The vehicle was to be unloaded from the Garhwa Railway Station, but it was not unloaded. The petitioner approached the Station Master at the latter's Office demanding unloading of the Scooter from the Train at the Railway Station. An altercation ensued between the petitioner and the Station Master. The petitioner, thereafter lodged a complaint at the Railway Police Station, alleging that the Station Master had made demand of illegal gratification for unloading the Scooter at the Garhwa Railway Station and had misbehaved with him. The case was registered for the offences under the Prevention of Corruption Act and other offences under the IPC against the Station Master, In respect of the same occurrence, the Station Master also lodged a complaint at the same Police Station against the petitioner, alleging, therein, that the petitioner had entered into his Office and had abused and misbehaved with the Station Master insisting upon unloading of the Scooter from the Train and had insulted and threatened him of filing a false complaint against him. On the aforesaid complaint of the Station Master, a separate case was registered at the same Police Station. Later on, by an order of this Court, the case involving the offences under the Prevention of Corruption Act was transferred to the Court of the Special Judge, C.B.I., Ranchi. The other case, namely, the case, which was registered on the complaint of the Station Master against the petitioner, continued to remain in the Court of the Railway Judicial Magistrate at Daltonganj. It is this case, which is sought by the petitioner to be transferred to the Court of the Special Judge, C.B.I., Ranchi to be heard together with the case, which was registered on the basis of the petitioner's complaint.

(3.) MR . Ram Pravesh Sharma, learned Counsel appearing for the Opposite Party No. 2, the informant/Station Master has objections to the prayer for transfer on the grounds that the allegations in both the cases are totally different.