Baldeo Singh Vs. State - Court Judgment |
| Criminal |
| Rajasthan High Court |
| May-13-1985 |
| S.B. Cr. Misc. Transfer Application No. 414/1985 |
| K.S. Lodha, J. |
| 1985WLN(UC)77 |
| Baldeo Singh |
| State |
| Application allowed |
| State v. Jagdish
|
criminal procedure code - transfer petition--incident relates to rly. station jodhewala in sriganganagar sessions division--held, case deserves to be transferred to sessions court sriganganagar from sessions court, bikaner;the case deserves to be tried by the court of the sessions judge, srigangangar in as much as it relates to an incident at the railway station, jodhewala, which is under the sessions division ganganagar;application accepted - .....the learned p.p. has accepted notices of the applications. i have heard the learned counsel for both the parties.4. i need not state the facts of the case at any length because in my opinion, in view of the decision of this court in s.b. criminal reference no. 2/84 state v. jagdish decided on 15-4 85, the cases deserve to be tried by the court of the sessions judge, sriganganagar in as much as it relates to an incident at the railway station, jodhewala, which is under the sessions division ganganagar. the case was committed to the court of sessions judge bikaner by railway magistrate, bikaner because his court was situated within the local limits of the jurisdiction of the learned sessions judge, bikaner. in view of the aforesaid decision the learned p.p. also has no objection to the cases being transferred to the court of the learned sessions judge, sriganganagar.5. i, therefore, accept these two applications and direct that the sessions cases no. 9/85 and 10/85 pending before the learned sessions judge bikaner be transferred to the court of the learned sessions judge, sri ganganagar the accused-petitioners in both the cases are directed to appear before the learned.....
K.S. Lodha, J.
1. These two cases arise out of the same circumstances and, therefore, they are being disposed of by a common order.
2. These are two applications for transfer of two sessions cases pending before the learned Sessions Judge Bikaner to the Court of Sessions at Ganganagar
3. The learned P.P. has accepted notices of the applications. I have heard the learned counsel for both the parties.
4. I need not state the facts of the case at any length because in my opinion, in view of the decision of this Court in S.B. Criminal Reference No. 2/84 State v. Jagdish decided on 15-4 85, the cases deserve to be tried by the Court of the Sessions Judge, Sriganganagar in as much as it relates to an incident at the Railway Station, Jodhewala, which is under the sessions division Ganganagar. The case was committed to the Court of Sessions Judge Bikaner by Railway Magistrate, Bikaner because his court was situated within the local limits of the jurisdiction of the learned Sessions Judge, Bikaner. In view of the aforesaid decision the learned P.P. also has no objection to the cases being transferred to the Court of the learned Sessions Judge, Sriganganagar.
5. I, therefore, accept these two applications and direct that the Sessions Cases No. 9/85 and 10/85 pending before the learned Sessions Judge Bikaner be transferred to the Court of the learned Sessions Judge, Sri ganganagar The accused-petitioners in both the cases are directed to appear before the learned Sessions Judge, Sriganganagar on 3-6-85. Copies of the orders may be sent to both the Sessions Judges.