Madhya Pradesh High Court
Vinod Kumar Sharma vs The State Of Madhya Pradesh on 2 February, 2017
M.Cr.C.13128/16 1
(Vinod Kumar Sharma Vs. State of M.P.)
02.02.2017
Shri R.K.Sharma, learned counsel for the petitioner.
Shri R.S.Sharma, learned Panel Lawyer for the
respondent/State.
Heard.
This petition has been filed under Section 407 of Cr.P.C. for transferring the Sessions Trial No. 196/2010 and 197/2010 from the Court of Second Additional Sessions Judge, Jaura to the Court of First Additional Sessions Judge and Special Judge, Morena.
Brief facts of the case are that two criminal cases at Crime No. 371/1997 and 372/1997 were registered by Police Station, Jaura against the petitioner and some other persons under Sections 420, 467, 468, 471 and 120-B of IPC. After completion of the investigation, charge sheet has been filed in the Court of Second Additional Sessions Judge, Jaura and the cases are pending as Sessions Trial No. 196/2010 and 197/2010. It is further stated that on the basis of similar allegations regarding misappropriation of scholarship fund Crime No. 59/1997 under Sections 420, 467, 468, 471, 474, 477, 409 and 120-B of IPC, Crime No. 72/1997 under Sections 409, 420, 467, 468, 471 and 120-B of IPC and Crime No.61/1997 under Sections 409, 467, 468, 471, 474 and 120-B of IPC have been registered and the cases are pending as Special Case Nos. 39/2016, 40/2016 and 3/2010 in the Court of First Additional Sessions Judge and Special Judge, Morena. It is stated that aforesaid three cases are also said to be committed in the same transaction. Therefore, petitioner moved an application under Sections M.Cr.C.13128/16 2 (Vinod Kumar Sharma Vs. State of M.P.) 220, 223 and 408 of Cr.P.C. for transferring the Sessions Trial Nos. 196/2010 and 197/2010 from the Court of Second Additional Sessions Judge, Jaura to the Court of First Additional Sessions Judge and Special Judge, Morena, which has been rejected. Being aggrieved by the same, this petition has been filed.
It is submitted that the impugned order is neither legal nor just and proper, hence liable to be set aside. The learned Sessions Judge without assigning any cogent reason has dismissed the application. It is further submitted that the learned Court below has overlooked the fact that in all the five cases similar allegations of misappropriation of scholarship fund has been made. It is expedient in the interest of justice and for the just decision of the cases to decide all the cases by the same judge to rule out any contradictory finding. Hence, prayed that the Sessions Trial Nos. 196/2010 and 197/2010 pending in the court of Second Additional Sessions Judge, Jaura be transferred to the court of First Additional Sessions Judge and Special Judge, Morena for trial.
Prayer is opposed by learned Panel lawyer. I have considered the submissions made by learned counsel for the parties and perused the record.
The certified copy of charge sheet in respect of Crime No.371/1997 and 372/1997 reveals that the petitioner with the connivance of Block Education Officer has forged the document in respect of 55 students and the scholarship amount has been withdrawn. In respect of aforesaid crime, Sessions Trial Nos. 196/2010 and 197/2010 are pending.
The certified copy of charge sheet of Crime No. M.Cr.C.13128/16 3 (Vinod Kumar Sharma Vs. State of M.P.) 61/1997, 59/1997 and 72/1997 reveals that on similar allegations the charge sheet has been filed against other accused persons and trial is pending in the Court of First Additional Sessions Judge and Special Judge, Morena.
Taking into consideration that almost similar allegations have been made in all the five cases for misappropriation of scholarship fund, it is desirable to avoid any contradictory finding, all the cases be tried in the same court. Learned trial Court has not considered the aforesaid aspect and erred in dismissing the application.
In view of aforesaid, this petition is allowed. It is directed that the Sessions Trial Nos. 196/2010 and 197/2010 pending before the court of Second Additional Sessions Judge, Jaura be transferred to the Court of First Additional Sessions Judge and Special Judge, Morena for trial. Learned Second Additional Sessions Judge, Jaura is directed to transfer the record of the aforesaid cases.
A copy of the order be sent to Second Additional Sessions Judge, Jaura and First Additional Sessions Judge and Special Judge, Morena for compliance.
Petition is disposed of accordingly.
(D.K.Paliwal) Judge vv