Ram Singh vs Hemant Kumar Singh and Another

S.I. Jafri, J.—I have heard Sri. N.K. Rastogi, learned Counsel for the applicant. The learned Counsel for the State has also taken notice of it.

This is a transfer application filed by the applicant praying that Criminal Case No. 871 of 87, Ram Singh v. Hemant Kumar Singh u/s 394, IPC pending in the Court of Additional Chief Judicial Magistrate, Gorakhpur may be transferred to any other Court of competent jurisdiction in the same district. The grievance of the applicant is that the opposite party Hemant Kumar, Sub-Inspector of Police has influenced the Presiding Officer through the Superintendent of Police, who is his relation. The apprehension of the applicant is that he would not get justice in the Court of A.C.J.M. The apprehension may be true or not. However, I consider it just and proper to transfer the aforesaid case from the Court of A.C.J.M. Gorakhpur to the Court of C.J.M., Gorakhpur so that the applicant may not have the slightest apprehension in his mind that he would not get a fair trial. The learned Counsel for the applicant has further submitted that the Sessions Judge, Gorakhpur while dismissing the transfer application in this case has issued notice to the deponent u/s 340 Code of Criminal Procedure to show cause why action should not be taken against him for filing false affidavit, alleging the aforesaid allegation therein against the A.C.J.M. learned Counsel further submitted that no counter affidavit was filed by learned A.C.J.M. before the Sessions Judge in the transfer application and the Sessions Judge had issued the aforesaid notice only placing reliance on the comments sent by the A.C.J.M.

I have given my anxious consideration to this aspect of the matter and I feel that there was no justification for the Sessions Judge to have issued the notice u/s 340 Code of Criminal Procedure against the deponent merely relying on the comments of the A.C.J.M. in the absence of the affidavit of the A.C.J.M. or any other cogent and reliable evidence. Under the circumstance, the notice dated 11-10-88 issued by the Sessions Judge against the deponent Ram Singh u/s 340 Code of Criminal Procedure is set aside.

In the result, the Transfer application is allowed. The A.C.J.M., Gorakhpur is directed to send the file of the aforesaid case to the Court of the C.J.M. Gorakhpur forthwith for disposal. After receiving the aforesaid file, C.J.M. Gorakhpur shall dispose it of according to law.

This application is disposed of finally.

A copy of this order shall be supplied to the learned Counsel for the applicant on payment of usual charges within 3 days from today.

Let a copy of this order be also sent to the Sessions Judge, Gorakhpur for his future guidance and also to A.C.J.M. and C.J.M. Gorakhpur for compliance.