Lokendra Gupta vs State Of Rajasthan And Ors

The present transfer application under Section 407 of Cr.P.C. has been moved by the petitioner seeking transfer of Sessions Case No. 133/2018 (17/2018) titled as "State of Rajasthan Vs. Lokendra Gupta" arising out of F.I.R. No. 54/2017, Police Station Rawatbhata, District Chittorgarh for the offences under Sections 452 & 354 of I.P.C. and under Section 7/8 of the POCSO Act pending in the court of learned Special Judge, POCSO Act Cases, Chittorgarh to any other court of learned Special Judge, POCSO Act Cases.

Heard learned counsel for the parties.

Learned counsel for the parties submit that the evidence in the matter has already been recorded and the matter is pending at the stage of final disposal after the arguments of both the parties.

I have considered the rival submissions made by learned counsel for the parties and examined the material available on record.

Taking into consideration that the present transfer application has been filed only on the ground that there are certain applications which have been filed by the complainant before the learned trial court and there is an apprehension that those applications may prejudice the case of the present petitioner, I am of the view that since the trial is pending at the stage of final disposal after the arguments of both the parties, the learned trial court may decide the same at its earliest convenience without getting influenced by the applications filed by both the parties.

The criminal misc. transfer petition stands disposed of in the above terms.