Madhya Pradesh High Court
Satnam Singh Randhawa vs The State Of Madhya Pradesh on 6 December, 2016
WP-7698-2016
(SATNAM SINGH RANDHAWA Vs THE STATE OF MADHYA PRADESH)
06-12-2016
Shri Ajay Bagadiya, learned counsel for petitioner.
Shri P.Bhargava, learned Dy.AG for respondents/State.
Heard on admission and on interim relief.
This writ petition has been filed by the petitioner praying for the following reliefs:-
[a] That, a writ direction or order in the nature of Mandamus or as deemed fit be issued directing the respondents State and its Authorities and Subsidiaries to direct all investigations to be carried on by Police Station Bank Note Press (BNP), Dewas, MP and that any complaint which is received at any police station in the State be straight away sent to Police Station, Bank Note Press (BNP), Dewas for its enquiry and investigation.
[b] That a writ direction or order in the nature of Prohibition or as deemed fit be issued against the Respondent No.1 and 2 to prohibit them to register any other FIR on the similar allegations with any other police station and directions be issued that on receipt of any such complaint, the same may be ordered to be transferred to the Police Station, Bank Note Press (BNP), Dewas (MP).
[c] That, this petition be allowed with costs.
[d] Any other relief which this Hon'ble Court deems fit be also granted in favour of the petitioner.
The case of the petitioner is that he had worked as Director for few months in GN Gold Limited. The complaints are being filed against the said company alleging that the deposits were received from the public with the assurance to return the same with profit but it was not return. Further case of the petitioner is that the FIR in Crime No.0848/2015 alleging commission of offence u/S.420 read with Sec.34 of the IPC and FIR in Crime No.94/2016 alleging commission of offence u/Ss.420, 406, 409, 120-B of the IPC registered at Police Station, Sonkatch, District Dewas and Police Station, Hatpiplya respectively were transferred and investigated by Police Station, Bank Note Press (BNP), Dewas and after investigation, challan has been filed and trial is going on, therefore, the other FIRs registered at different places should also be transferred to Police Station, Bank Note Press (BNP), Dewas. On the direction of this court, learned counsel for State has obtained instructions in the matter.
Learned counsel for petitioner submits that in terms of the provisions contained in Sec.219, 220 and 407 of the Cr.P.C, all the FIRs are required to be clubbed and transferred to to Police Station, Bank Note Press (BNP), Dewas for investigation since there is a possibility of conflict in the offence found during investigation if the FIRs are individually investigated and that the applicant who is in custody is required to go at different police stations during the investigation of the offence.
Learned counsel for respondents has opposed the writ petition submitting that the provisions on which the petitioner is relying upon are not attracted and the independent investigation is required in respect of each allegation in the FIR and no case for transferring the FIR to Police Station, Bank Note Press (BNP), Dewas is made out.
Having heard the learned counsel for parties and on perusal of the record, it is noticed that the individual depositors are filing the FIR against the petitioner or the company in respect of the alleged offence committed by the petitioner or the company qua those individuals. The FIRs have been lodged in the police stations having the jurisdiction to investigate the same. So far as Sec.219 and 220 of the Cr.P.C on which the petitioner is placing reliance upon, these provisions are attracted when an accused is charged and tried for more offence than one of the same kind committed within the space of 12 months. In the present case, the stage of charging and trying the petitioner with the alleged offence has not reached and the matter is only at the stage of investigation on the basis of FIR, therefore, the provisions of Sec.219 and 220 are not attracted.
So far as Sec.407 is concerned, it is not a case where the petitioner is seeking transfer of the FIR on account of any allegation of mala- fide or the fact that fair or impartial enquiry in the concerned police station is not possible, but it is a case where the petitioner is seeking transfer only on the ground of his personal convenience but it cannot be ignored that if all the FIRs which are registered at different places such as Ujjain, Indore, Khargone, Bhopal, Mandsaur or even at Police Station Bhanswara, Rajasthan are transferred to Police Station, Bank Note Press (BNP), Dewas, then the complaints and the witnesses in those cases will face serious inconvenience and hardship, therefore, the transfer is not in the interest of general convenience of the parties or the witnesses and not even expedient for the ends of justice.
In the aforesaid circumstances, I am of the opinion that no case for allowing the prayer made in the writ petition is made out. The writ petition is accordingly dismissed.
(PRAKASH SHRIVASTAVA) JUDGE