Naseem Ahmed vs State of Haryana

Ritu Bahri, J.—Challenge in this petition is to the order dated 14.2.2011 passed by the learned Sessions Judge, Gurgaon, whereby the application seeking transfer of case titled "State v. Naseem Ahmad" arising out of FIR No. 568 dated 19.11.2010 under Sections 420, 467, 468, 471 IPC registered at Police Station Nuh, District Mewat, pending in the Court of Chief Judicial Magistrate, Nuh, has been dismissed.

Learned Counsel for the Petitioner has argued that the case titled "State v. Naseem Ahmad" was got registered by Sh. Pradeep Kumar, Addl. Sessions Judge, Fast Track Court, Nuh for offences u/s 420, 467, 468, 471 IPC.

Since the matter is triable by the Court of Chief Judicial Magistrate, it will be in the interest of justice if it is transferred to a Court outside Nuh. In support of his contention the learned Counsel for the Petitioner has relied upon the judgment of this Court in the case of Ram Narain v. Bishamber Nath and Anr. 1961 Cri. L.J. 533 and the judgment of the Hon''ble Madhya Pradesh High Court in the case of Puneet Pandey and Ors. v. State of M.P. 2006 (4) R.C.R 879.

Heard learned Counsel for the Petitioner. Since the present case has been registered on a complaint made by the Addl. Sessions Judge, Nuh, it is reasonable apprehension in the mind of the Petitioner that he will not be able to get fair trial when a superior office is posted at the same station where the Chief Judicial Magistrate is conducting the trial.

Ends of justice would be met, if the order dated 14.2.2011, passed by the learned Sessions Judge, Gurgaon is set aside and direction be issued to the learned Sessions Judge, Gurgaon to transfer the proceedings of the above referred case to the place other than Nuh. Ordered accordingly.

Criminal miscellaneous stands allowed.