Ram Awadh Gupta vs State of Jharkhand and Another

D.G.R. Patnaik, J.—The instant petition has been filed seeking appropriate order of transfer of the case bearing Daltonganj Rail P.S. Case

No. 14 of 2002, corresponding to G.R. Case No. 428 of 2002, which is presently pending in the Court of the Railway Judicial Magistrate,

Daltonganj to the Court of Shri N. All, Special Judge, C.B.I., Rahchi.

The facts of the case in brief is that the petitioner, who is a passenger, travelling by one Train No. 8101 UP Express had booked his Scooter at

Ranchi to be unloaded at Garhwa. The vehicle was to be unloaded from the Garhwa Railway Station, but it was not unloaded. The petitioner

approached the Station Master at the latter''s Office demanding unloading of the Scooter from the Train at the Railway Station. An altercation

ensued between the petitioner and the Station Master. The petitioner, thereafter lodged a complaint at the Railway Police Station, alleging that the

Station Master had made demand of illegal gratification for unloading the Scooter at the Garhwa Railway Station and had misbehaved with him.

The case was registered for the offences under the Prevention of Corruption Act and other offences under the IPC against the Station Master, In

respect of the same occurrence, the Station Master also lodged a complaint at the same Police Station against the petitioner, alleging, therein, that

the petitioner had entered into his Office and had abused and misbehaved with the Station Master insisting upon unloading of the Scooter from the

Train and had insulted and threatened him of filing a false complaint against him. On the aforesaid complaint of the Station Master, a separate case

was registered at the same Police Station. Later on, by an order of this Court, the case involving the offences under the Prevention of Corruption

Act was transferred to the Court of the Special Judge, C.B.I., Ranchi. The other case, namely, the case, which was registered on the complaint of

the Station Master against the petitioner, continued to remain in the Court of the Railway Judicial Magistrate at Daltonganj. It is this case, which is

sought by the petitioner to be transferred to the Court of the Special Judge, C.B.I., Ranchi to be heard together with the case, which was

registered on the basis of the petitioner''s complaint.

Mr. P.P.N. Roy, learned Senior counsel appearing for the petitioner argues that both the cases essentially arise out of the same occurrence,

which refers to the altercation between the Station Master and the petitioner over unloading of the Scooter from the Railway Wagon at the Garhwa

Railway Police Station. Learned Counsel argues that since both the cases are connected with each other, it is necessary for the ends of justice and

for avoiding conflicting judgments, that both the cases be tried by one and the same Court and since the Court of the Railway Judicial Magistrate is

not empowered to try the offences under the Prevention of Corruption Act, the counter case, which is presently pending before the Railway

Judicial Magistrate that needs to be transferred to the Court of the Special Judge, C.B.I. at Ranchi.

Mr. Ram Pravesh Sharma, learned Counsel appearing for the Opposite Party No. 2, the informant/Station Master has objections to the prayer

for transfer on the grounds that the allegations in both the cases are totally different.

Admittedly, both the cases arise out of the same alleged occurrence and the allegations in one are counter to the allegations of the other. It

further appears that the case, which was transferred by this Court to the Court of the Special Judge, C.B.I., Ranchi involves the offences under the

Prevention of Corruption Act and, therefore, was rightly transferred from the Court of the Railway Judicial Magistrate since the Railway Judicial

Magistrate did not have power to try the offences under the Prevention of Corruption Act.

It has been laid down by the Supreme Court in several cases that cross cases should be tried by the same Court irrespective of the nature of the

offence involved. The Rule of prudence also requires that in order to avoid conflicting judgments and for proper appreciation of the evidences, the

trial for both the cases arising out of the same occurrence be conducted by the same Court.

There is merit in the grounds taken in this Transfer petition.

Accordingly, the same is allowed. The Case vide Daltonganj Rail P.S. Case No. 14 of 2002 corresponding to G.R. No. 428 of 2002, which is

presently pending in the Court of the Railway Judicial Magistrate, Daltonganj is hereby ordered to be transferred to the Court of Shri N. Ali,

Special Judge, C.B.I., Ranchi to be tried together with the complaint case No. 156 of 2002 presently pending in the Court of Shri N. Ali, Special

Judge, C.B.I., Ranchi.