Jammu & Kashmir High Court
Dr. Amarjeet Singh Bhalla vs Sajad Mohip-Ud-Din Banday on 14 August, 2023
Author: Vinod Chatterji Koul
Bench: Vinod Chatterji Koul
Sr. No.1
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
Reserved on : 26.07.2023
Pronounced on: 14 .08.2023
CRTA No.10/2019
Dr. Amarjeet Singh Bhalla ....Petitioner(s)
Through :- Mr. Rahul Pant, Sr. Advocate with
Ms. Arushi Shukla, Advocate
V/s
Sajad Mohip-ud-Din Banday ....Respondent(s)
Through :- Mr. Lawanya Sharma, Advocate
CORAM: HON'BLE MR. JUSTICE VINOD CHATTERJI KOUL, JUDGE
JUDGMENT
1. By this application, transfer of complaint filed by the respondent against the petitioner under Section 500 Ranbir Penal Code, CNR No.JKBA/03- 001727-2018, registration No.1/2018 titled Sajad Mohi-ud-Din Banday vs. Dr. Amarjeet Singh Bhalla pending before the Court of learned Judicial Magistrate Ist Class ( Munsiff) Baramulla to any Court of competent jurisdiction at Jammu is sought on the ground that that the petitioner is a member of Rajiv Gandhi Education Society (for brevity 'the Society') having its office at Lajpat Nagar, New Delhi.
2. It is stated that the petitioner is also a Member of the Managing Committee of the Society and the same is registered with the Registrar of Societies, Government of N.C.T of Delhi under Registration Act, XXI, 1860 since the year 2005 and that the Society is also running a School i.e Delhi Public School Gwalior which has a strength of about 3000 students 2 CRTA No.10/2019 and the petitioner is one of the Directors of the aforesaid School i.e Delhi Public School, Gawalior.
3. It is stated that the petitioner has made huge investment from his personal account for establishing the Delhi Public School in Gwalior as the said school is a joint venture of the Society and the petitioner. As a matter of fact, petitioner was made Member of the Society only after the petitioner decided to invest in the Society and had invested hefty amount. The school being operated by the society has different accounts in the different banks in Gwalior and the Executive Committee of the society used to operate and run the schools being run by the society.
4. It is further stated that some of the Members of the Society embezzled the money of the Society thus, forcing the petitioner to lodge an FIR in the Police Station, Purani Chawni, Gwalior. It is stated that because of the personal influence of the accused, there was delay in the registration of the FIR and the petitioner had to even move an application before the Learned Judicial Magistrate, Gwalior and as on today the investigation is being supervised by the learned Judicial Magistrate Ist Class, Gwalior, however, FIR No. 284/2018 came to be registered on 09.10.2018 with the Police Station, Purani Chawni, Gwalior for commission of offence under Sections 420, 406, 467, 468 and 471 IPC. In the complaint filed by the petitioner for registration of FIR, respondent herein was one of the accused. It is stated that the accused persons initially tried to rope the petitioner in a false case in New Delhi as a complaint against him came to be filed by one of the accused, namely, Abhishek Dutt before the Police Station Lajpat Nagar, New Delhi. After the petitioner was put to notice, 3 CRTA No.10/2019 petitioner explained the entire facts and circumstances to the Incharge of the said Police Station, as such, no action was taken against him.
5. Learned counsel for the petitioner submits that after the accused failed to somehow harass the petitioner in New Delhi, a false and frivolous complaint has been filed by the respondent against the petitioner before the Ld. Judicial Magistrate Ist Class (Munsiff), Baramulla and the said learned Magistrate issued the process little realizing that it had no jurisdiction as even if one goes by the complaint, Court at Baramulla has no jurisdiction at all, but nonetheless by a non-speaking order, summoning process was initiated. The petitioner was surprised to see that with a view to harass him further, a false and frivolous complaint had been filed and simultaneously petitioner started receiving threats that in case he goes to Baramulla, he will not come back alive. Petitioner is stated to have immediately rushed to the Police Station, Gwalior and brought the matter to the notice of the town Inspector, Police Station Jhansi Road, Gwalior and again on 18.02.2019 an FIR was registered i.e., FIR No.0070 dated 18.02.2019.
6. Learned counsel for the petitioner further submits that the petitioner is otherwise also a protected person being Member of the Madhya Pradesh State Minority Commission and is having a status of Ministry of State in the State of Madhya Pradesh and deliberately a false and frivolous complaint has been filed against the petitioner in Baramulla in order to coerce the petitioner to go to Baramulla where he has serious threat to his life, for which, the matter is already under investigation and FIR has also been registered. The situation and security environment in the Valley is not conducive for the petitioner to attend the Court before the learned 4 CRTA No.10/2019 Judicial Magistrate Ist Class (Munsiff) Baramulla as in Baramulla the situation is even worse. The petitioner has serious risk to his life as respondent is a very influential persons and petitioner cannot be in a position to defend the complaint in a proper manner before the Court of Ld. Judicial Magistrate Ist Class (Munsiff) Baramulla. It is stated that the very purpose of filing the complaint before the learned Judicial Magistrate Ist Class (Munsiff) Baramulla is to harass the petitioner and put the life of the petitioner at risk, thus, in view of the facts stated hereinabove, it is clear that the petitioner is not in a position to appear before the Ld. Judicial Magistrate Ist Class (Munsiff) Baramulla. It is stated that as compared to petitioner`s appearing to Baramulla, respondent can easily appear before the Court in Jammu as respondent otherwise also is residing in Delhi and has deliberately chosen to file a complaint in Baramulla and that the petitioner has a prima facie case in his favour and balance of convenience is also in his favour for transferring the case to Jammu. It is prayed that the complaint against the petitioner titled Sajad-Mohi-ud-Din Banday vs Dr. Amarjeet Singh Bhalla pending disposal before the Court of Ld. Judicial Magistrate Ist Class (Munsiff) Baramulla be transferred to any competent Court at Jammu. Along with the application copy of the FIR No.284/ 2018, copy of the complaint filed by the respondent before Ld. Judicial Magistrate Ist Class (Munsiff) Baramulla and copy of FIR No.0070 dated 18.02.2019 have also been placed on record.
7. The application is opposed by other side on the grounds that the petitioner has filed a petition under Section 482 Cr.P.C bearing CRM(M) No.76/2020 titled Amarjeet Singh Bhalla vs Sajad Mohi Ud Din Banday before the Srinagar wing of this High Court seeking the quashment of the 5 CRTA No.10/2019 complaint that is subject matter of this instant transfer petition and, therefore, seeking transfer of a complaint while the said complaint is also sought to be quashed in a parallel proceeding, is not maintainable under law. It is stated that the petitioner has tried to project a case before this Court that the complaint filed by the respondent against the petitioner, which is subject matter of this instant transfer petition was a counter blast, however, the respondent was not involved in the said FIR, as he has been falsely alleged in the later paragraphs of the petition. It is further submitted that the said FIR No.284/2018 dated 09.10.2018 registered with the Police Station Purani Chawni, Gwalior came to be closed by the concerned Police authorities and a closer report/Final Form report was filed before the Court of learned Judicial Magistrate First Class, Gwalior and that the petitioner has tried to mislead the Court by stating that the respondent was one of the accused in the said FIR No.284/2018. The respondent filed the said complaint against the petitioner as the petitioner had defamed the respondent and lowered his reputation in the eyes of his kin and neighbors by accusing him of being involved in the criminal activities, when the same was not at all true. The petitioner has very conveniently tried to validate his unlawful actions of defaming the respondent and moreover the petitioner has not denied the allegations in the complaint in this entire transfer petition even once which counts as an admission of guilt on his part. It is stated that the offence has taken place in Baramulla and other areas of the country and further the consequences of the illegal act of the petitioner has ensued in Baramulla district where the respondent resides. The order of learned Judicial Magistrate Ist Class (Munsiff), Baramulla 6 CRTA No.10/2019 dated 12.12.2018 is a speaking order and the satisfaction of the learned Magistrate has been recorded in the said order.
8. According to learned counsel for the respondent It is further submitted that learned Magistrate has followed the procedure laid down in the Code of Criminal Procedure before issuance of the said order and the statement of the complainant/respondent has also been taken on record before issuing the process in the matter. The petitioner has approached this Court with a prayer of transferring of the said complaint and has not challenged the said order in any respect whatsoever. If the petitioner is aggrieved of the legal validity of the said order then he ought to have moved a petition under Section 561-A of the Code of Criminal Procedure,1933 or under Section 482 of the Code of Criminal Procedure, 1973 as the case may be. The validity of the order dated 12.12.2018 cannot be brought into question in a transfer petition as is being tried by the petitioner. It is stated that the petitioner had not received any letter from the respondent and moreover this act can be inquired into by the concerned Police authorities. The petitioner in order to further defame the respondent has tried to rope him in yet another false case, the latter received by the petitioner was from one Farooq Ahmed, however the petitioner in his complaint before the concerned police authorities has stated that he suspects that the respondent has sent him the letter. The respondent has nothing to do with the said letter and the same is being used by the petitioner to make up a case of threat so as to evade the due process of law. The petitioner has also gotten several news articles published in local and National Newspapers wherein he has directly named the respondent to further malign his image and reputation in society at large and that to the knowledge of the respondent 7 CRTA No.10/2019 the petitioner is not a member of Madhya Pradesh State Minority Commission at the time of filing of these objections. The petitioner cannot be absolved of any offence committed or allowed to evade the due process of law even if he is a privileged person.
9. According to learned counsel for the respondent, the petitioner is liable to face trial before the Court of law like any other accused and no special treatment can be given to him. It is further submitted that the petitioner has failed to make out any case for grant of relief for transfer of case and, as such, he cannot be allowed to delay the course of justice. It is stated that the petitioner has not even pleaded a single ground as to why the case should be transferred to Jammu. The respondent is a Government employee and cannot be made to come to Jammu to seek justice for the wrong done to him merely for the convenience of the petitioner. Along with the objections copy of the Final Form Report filed before the Court of Ld. Judicial Magistrate First Class, Gwalior and copies of news articles published in Dainik Bhaskar dated 21.3.2019 & Nai Dunia dated 22.02.2019 have been enclosed.
10. I have heard the Ld. Counsels for the parties and perusal the material on record.
11. Perusal of the trial Court record tends to show that vide order dated 12.12.2018, the learned Judicial Magistrate Ist Class (Munsiff) Baramulla has taken cognizance of the offence punishable under Section 500 RPC, however, the petitioner has not appeared in the said Court. It is the case of the petitioner that he has serious threat to his life in case he attends the Court at Baramulla as the situation and security environment in the Valley is not conducive. It is further the case of the petitioner that he had received 8 CRTA No.10/2019 a threatening letter whereby threat has been extended to him in case he does not takes his steps back otherwise he will not go back. On the basis of this threatening letter received by the petitioner he has lodged the report with Police Station Jhansi Road Gwalior on the basis of which FIR No. 0070/2019 under Sections 387, 506 IPC has been registered, which is being investigated. The said threatening letter and the FIR in question make it clear that the apprehension of the petitioner is bonafide, genuine and sufficient. The grounds, thus, taken in the instant application which are substantiated by the record placed along with the application makes out a case for transfer of the complaint from the Court of learned Judicial Magistrate Ist Class Baramulla to any other Court at Jammu.
12. Learned counsel for the petitioner in support of his contention has relied upon a judgment of Hon'ble Supreme Court titled Dr. Subramanyam Swami vs Ramakrishan Hagde reported in 1990 AIR 113.
13. Learned counsel for the respondent in support of his objection to the instant transfer application has relied upon the judgments of Hon'ble Supreme Court in case titled Samaira Choudhary vs. Javed Iqbal and others, reported in 2015 Supreme (J&K) 607 and Parmeshwar Gope vs. The State of Jharkhand and another, reported in 2017 0 Supreme (Jhk) 580, but the facts in the present case are different, as such, in the facts and circumstances the said judgments do not lend any support to the objection raised by the respondent for transfer.
14. In the present case the transfer is sought mainly on the ground that petitioner has a threat to his life which is substantiated by the record on the file placed by him and for the threat which he has received, FIR has already been registered with the Police of Police Station Jhanshi, Gwalior 9 CRTA No.10/2019 under No.0070 /2019, therefore, it would not be safe for him in case he is asked to face the trial of the complaint at Baramulla. Thus, the petitioner has made out a strong case for transfer of the case registration No.1/2018.
15. For the reasons stated hereinabove, the complaint titled Sajad Mohi-ud-
Din Banday vs. Dr. Amarjeet Singh Bhalla pending disposal before the Court of learned Judicial Magistrate Ist Class, Munsiff, Baramulla is ordered to be transferred from the said Court to the Court of learned Chief Judicial Magistrate, Jammu, who shall either try the complaint himself or transfer the same to some other Court of competent jurisdiction. The parties to appear before the transferee Court on 25.09.2023. The Court of learned Judicial Magistrate Ist Class, Munsiff, Baramulla shall transfer the file directly to the Court of learned Chief Judicial Magistrate, Jammu, well before the date fixed.
( Vinod Chatterji Koul ) Judge Jammu 14.08.2023 Bir