Rakesh Chourasia vs The State of Madhya Pradesh

M.K. Mudgal, J.—Heard on the question of admission.

The applicant has filed this criminal revision u/s 401 read with Section 397 of Cr.P.C. being aggrieved by the order dated 19/12/2013 passed by the learned Session Judge, Jabalpur in MJC No. 211/2013 whereby the application filed by the applicant u/s 408 of Cr.P.C. for transferring the counter case pending before the Court of Judicial Magistrate, First Class, Jabalpur bearing case No. 17482/2013 to the court of Special Judge, Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act was dismissed.

Learned counsel for applicant submits that the order passed by the learned Sessions Judge, Jabalpur is contrary to law as the counter case filed by the Police before the Court of JMFC, Jabalpur on the basis of report lodged by the applicant/complainant ought to have been transferred u/s 408 of Cr.P.C. to the Court of Special Judge, Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act where the counter case (ST No. 90/2013) is pending against the applicant regarding the same date and incident. Learned counsel for applicant further contends that the learned Sessions Judge has described the procedure in para 8 to 12 of the impugned order for submitting an application before the Court of JMFC, Jabalpur where the counter case is pending on the basis of the complainant''s report, however the said procedure which was suggested by the Session Judge is totally erroneous. Learned counsel further submits that both the counter case can be tried in a one Court with the counter case being transferred to that Court u/s 408 of Cr.P.C. Learned counsel for applicant has placed reliance upon the unreported judgment delivered in Transfer Criminal Petition No. 154/2012 dated 05/10/2012 (Aijaz Ali Qureshi and others Vs. The State of A.P. and another).

Learned Public Prosecutor opposing the submissions made by learned counsel for applicant submitted that the reasons assigned by the learned trial court are just and proper as the criminal case pending before the Court of JMFC cannot be transferred to the Court of Session u/s 408 of Cr.P.C. for deciding both the cases simultaneously arising out of the same incident, because, if a case is transferred u/s 408 of Cr.P.C. to the Court of Session, cognizance cannot be taken by the court of Session u/s 193 of Cr.P.C. unless the case is committed to the same. In such circumstances if the case is pending before the Court of JMFC it should be committed to the Court of Sessions u/s 323 of Cr.P.C. instead of u/s 209 of Cr.P.C. because, pending case is not related to an offence triable by the court of Session, therefore, the revision petition being devoid of merits, deserves to be dismissed.

Heard the arguments of both the parties.

On perusal of the record it becomes clear the a criminal case (No. 17482/2013) involving offences punishable u/s 452, 294, 506-B, 354 read with Section 34 of IPC is pending against the respondent No. 2 to 4 before the court of JMFC, Jabalpur. The report of the said case was lodged by the applicant/complainant. After investigation the charge-sheet was filed. A counter case of the same incidence (ST No. 93/2013) u/s 294, 506-B, 324 & 326 of IPC and Section 3(2)(v) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act is pending against the applicant/accused before the Court of Special Judge, Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act. The applicant filed an application u/s 408 of Cr.P.C. before the learned Session Judge, for transferring the criminal case pending in the Court of JMFC, Jabalpur as stated earlier. The said application was dismissed by the impugned order on the ground that the counter case pending before the Court of JMFC cannot be transferred u/s 408 of Cr.P.C. instead an application for committal of the case ought to have been filed by the applicant before the court of JMFC. Learned Session Judge has described the procedure in para 8 to 13 in this regard after relying upon preceding the judgments. On perusal of the order it transpires that reasons assigned by learned Sessions Judge are just and proper as if a criminal case (counter case) is pending before the court of JMFC and other criminal case of the same incident is pending before the court of Session, the application should be filed before the Court of JMFC for committal the case to the court of Session for deciding both the cases simultaneously. u/s 408 of Cr.P.C. the case pending before the JMFC cannot be transferred. If the case is transferred under the said provision, the court of Session cannot take cognizance of it u/s 193 of Cr.P.C. unless the case is committed to the Court. Considering the aforesaid provisions, learned Session Judge has not committed any error in dismissing the application of the applicant.

Indisputedly, the applicant has not filed any application before the Court of JMFC where the criminal counter case as stated earlier is pending. The applicant is free to move the application for committal of the counter case to the Court of Session where the S.T. is pending.

In view of the facts and circumstances of the case, this revision has no substance. The grounds raised by the applicant in the revision memo have no merit, therefore, the revision petition being devoid of merit is hereby dismissed.