Punjab-Haryana High Court
Darshana And Others vs State Of Haryana on 18 March, 2013
Author: Paramjeet Singh
Bench: Paramjeet Singh
Crl. Misc. No.M-6993 of 2013 (O & M) 1
IN THE HIGH COURT OF PUNJAB AND HARYANAAT
CHANDIGARH
Crl. Misc. No.M-6993 of 2013 (O & M)
Date of Decision: March 18, 2013
Darshana and others
... Petitioners
Versus
State of Haryana
... Respondent
CORAM: HON'BLE MR. JUSTICE PARAMJEET SINGH
1) Whether Reporters of the local papers may be allowed to see the judgment ?.
2) To be referred to the Reporters or not ?.
3) Whether the judgment should be reported in the Digest ?
Present: Mr. Ashwani Bhardwaj, Advocate,
for the petitioners.
Mr. Sandeep S. Mann, Sr. DAG, Haryana.
Paramjeet Singh, J.
Instant petition has been filed under Section 407 read with Section 482 of the Code of Criminal Procedure (hereinafter referred to as "the Code" in short) seeking transfer/clubbing of two cases titled 'State of Haryana vs. Darshana and others' pending before the Additional Sessions Judge, Bhiwani and other case titled 'State of Haryana vs. Dr. Dayanand Bagri and others' pending before the Additional Sessions Judge, Crl. Misc. No.M-6993 of 2013 (O & M) 2 Hisar, as both the cases arise out of FIR No.02 dated 10.02.2010, registered at Police Station State Vigilance Bureau, Hisar, under Sections 420, 467, 468, 471 and 120-B of the Indian Penal Code and 13 (1) (d) of the Prevention of Corruption Act.
Shorn of unnecessary facts, the relevant facts for disposal of the present petition are to the effect that an enquiry was initiated at Bhiwani by the Vigilance Department on the basis of a source report No.17785/1-3SVB Haryana, dated 21.11.2003, wherein, it was alleged that under the disabled quota, the teachers had obtained service on the basis of fictitious disability certificate. The said inquiry was conducted by Dilbagh Singh in pursuance to the directions of the Director, State Vigilance Bureau and was sent to the Chief Secretary, Government of Haryana. Thereafter, the case was ordered to be registered against eight teachers and direction was also issued to get the medical examination of remaining 76 teachers conducted from PGI. The above said FIR was registered against the teachers, who got service on the basis of fictitious and forged disability certificates and also against some of the doctors involved in this scandal. Two sets of challans arising from the above said FIR have been put at different stations. One challan titled 'State of Haryana vs. Darshana and others' was presented in the Court of Special Judge (Additional Sessions Judge, Bhiwani) and other case titled 'State of Haryana vs. Dr. Dayanand Bagri and others' was presented in the Court of Special Judge (Additional Sessions Judge, Hisar). The petitioners, who are facing the trial at Crl. Misc. No.M-6993 of 2013 (O & M) 3 Bhiwani, have moved this petition for transfer and clubbing of both the cases so that the same may be tried by one Court as they arise from the above said FIR.
In pursuance to the notice of motion, respondent-State of Haryana has filed reply.
I have heard learned counsel for the parties and perused the record carefully.
Learned counsel for the petitioners contended that two challans have been presented arising from the above said FIR against different sets of persons, although all are accused in the same FIR. The learned counsel further submitted that if both the cases are to be tried at different Special Courts, there is every likelihood of different judgments and it will also delay the proceedings as evidence at two different places is to be recorded. The learned counsel further submitted that both the cases should be tried together by one Special Court especially at Bhiwani, since the proceedings were initiated after enquiry at Bhiwani and the challan of the petitioners is also pending at Bhiwani.
I have considered the rival contentions.
The petitioners seek transfer and clubbing of the two cases titled 'State of Haryana vs. Darshana and others' pending before the Additional Sessions Judge, Bhiwani and other case titled 'State of Haryana vs. Dr. Dayanand Bagri and others' pending before the Additional Sessions Judge, Hisar, which arise from the same FIR and pray that these Crl. Misc. No.M-6993 of 2013 (O & M) 4 should be tried at one place on the ground that there is a possibility of divergent judgments in the same set of evidence and same FIR, if these are allowed to be tried by different courts.
Without going into the merits of the case and considering the fact that the inquiry was started from Bhiwani, however, the FIR was registered at Hisar, this Court deems it fit and proper that both the cases should be tried by one and the same Special Court (Additional Sessions Judge, Hisar). This is not opposed by the petitioners as well as the respondent.
Resultantly, the case titled 'State of Haryana vs. Darshana and others' pending before the Additional Sessions Judge, Bhiwani is ordered to be withdrawn and transferred to the Court of Special Judge (Additional Sessions Judge, Hisar) where the case titled 'State of Haryana vs. Dr. Dayanand Bagri and others' is pending. The learned Special Judge, Bhiwani is directed to send the case file complete in all respects to the transferee Court at Hisar. However, the trial Court will be at liberty to club both the cases and taking into consideration the evidence brought on record or may independently proceed further from the stage where both the cases are going on. Both the cases will be decided by one and the same Presiding Officer in accordance with law.
Disposed of.
March 18, 2013 [ Paramjeet Singh ] parveen kumar Judge