Jhebar Mal Vs. State of Rajasthan

Jhebar Mal vs State of Rajasthan

Disposition Application allowed Court Rajasthan Decided Mar 23, 1990

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Citation: sooperkanoon.com/761842
Court: Rajasthan High Court
Judge: Mahendra Bhushan Sharma, J.
Decided On: Mar 23, 1990
Case Number: S.B. Cr. Misc. Transfer Application No. 2 of 1990
Subject: Criminal
Disposition: Application allowed

Case Summary

AI-generated summary - not the official court judgment text.

Criminal Procedure Code - Section 407--Transfer of case--Place of occurrence 6 k.ms. away where as Neem-ka-Thana is 70 k.ms. away--Held, Transfers of case to Sri Madhopur will be conveniens to both parties';The occurrence had taken place in village Dhani - Bada-Khet village & Post Mau and the witnesses and the a...

Key legal issue: Criminal
Outcome / disposition: Application allowed

Parties & Advocates

Appellant / Petitioner

Jhebar Mal

Respondent

State of Rajasthan

Legal References

Reported In: 1990WLN(UC)73

Excerpt

criminal procedure code - section 407--transfer of case--place of occurrence 6 k.ms. away where as neem-ka-thana is 70 k.ms. away--held, transfers of case to sri madhopur will be conveniens to both parties';the occurrence had taken place in village dhani - bada-khet village & post mau and the witnesses and the accused belong to that place which is hardly at a distance of 8 kms. from srimadhopur where as neem-ka-thana where the court of learned acjm is situated is at a distance of 70 kms. and the transfer of the case to srimadhopur from neem-ka-thana will be convenient to both the parties.;application allowed - - pc as well as thin court under section 407 cr.1. notice of this application has been given to the learned public prosecutor, admit.2. i am of the opinion that this transfer application can be disposed of at this stage. this is an application under section 407 cr. pc seeking transfer of a criminal case no. 167/1989 pending trial in the court of acjm, neem-ka-thana to the court of munsif magistrate, srimadhopur. the only ground on which the transfer is sought is that the case relates to fir no. 136/198 srimadhopur and the occurence had taken place in village dhani-bada-khet. village & post mau and the witnesses and the accused belong to that place which is hardly at a distance of 8 kms. from srimadhopur whereas neem-ka-thana where the court of learned acjm is situated is at a distance of 70 kms. and the transfer of the case to srimadhopur from neem-ka-thana will be convenient to both the parties.3. an application was moved before the learned sessions judge wits dismissed the application under his order dated 18th september, 1989.4. in my opinion, the sessions court under section 408 cr.pc as well as thin court under section 407 cr. pc has powers to transfer a case to any magistrate who has jurisdiction to try the case, and in my opinion the transfer of case to srimadhopur will be convenient to both the parties.5. consequently, i hereby allow this transfer application and transfer the case to the court of learned judicial magistrate srimadhopur who shall try the case in accordance with law.

Full Judgment

1. Notice of this application has been given to the learned Public Prosecutor, Admit.

2. I am of the opinion that this transfer application can be disposed of at this stage. This is an application Under Section 407 Cr. PC seeking transfer of a criminal case No. 167/1989 pending trial in the court of ACJM, Neem-ka-Thana to the court of Munsif Magistrate, Srimadhopur. The only ground on which the transfer is sought is that the case relates to FIR No. 136/198 Srimadhopur and the occurence had taken place in village Dhani-Bada-Khet. Village & Post Mau and the witnesses and the accused belong to that place which is hardly at a distance of 8 Kms. from Srimadhopur whereas Neem-ka-Thana where the court of learned ACJM is situated is at a distance of 70 Kms. and the transfer of the case to Srimadhopur from Neem-ka-Thana will be convenient to both the parties.

3. An application was moved before the learned Sessions Judge wits dismissed the application under his order dated 18th September, 1989.

4. In my opinion, the Sessions Court Under Section 408 Cr.PC as well as thin court Under Section 407 Cr. PC has powers to transfer a case to any Magistrate who has jurisdiction to try the case, and in my opinion the transfer of case to Srimadhopur will be convenient to both the parties.

5. Consequently, I hereby allow this transfer application and transfer the case to the court of learned Judicial Magistrate Srimadhopur who shall try the case in accordance with law.

Same Court & Year Rajasthan · 1990 Same Parties Jhebar Mal vs State of Rajasthan Same Subject Criminal Same Judge Mahendra Bhushan Sharma, J.

Criminal