Madhya Pradesh High Court
Nand Kishor Mishra vs The State Of Madhya Pradesh on 13 April, 2017
MCRC-20204-2015
(NAND KISHOR MISHRA Vs THE STATE OF MADHYA PRADESH)
13-04-2017
Petitioner present in person.
Shri Akhilesh Singh, learned Panel Lawyer for the Respondent No.1.
None for the Respondent No.2.
Heard.
This petition under Section 482 of Cr.P.C. has been preferred by the petitioner for transfer of the criminal case No. 2728/11 pending before the Special Railway Magistrate, Jabalpur for the offence under Section 153, 156, 145,146 & 137 of the Railway Act, 1989 to the Court of Special Judge, SC/ST (Prevention of Atrocities) Act. Hence, this petition is considered for hearing as petition for transfer of case. The grievance of the applicant is that for one offence two criminal cases have been registered against him. One criminal case is pending before the Special Court, SC/ST (Prevention of Atrocities) Act, Jabalpur as Cr.Case No. 35/10 registeredfor the offence punishable under Section 186, 353, 332, 294 of the IPC and Sections 3(1)(10) of SC/ST (Prevention of Atrocities) Act and another case is pending before the Special Railway Magistrate, Jabalpur as case No.2728/11 registered for the offence under Sections 153, 156, 145,146 & 137 of the Railways Act, 1989 and both the cases have been registered on the complaint made by one Manish Jharia. In view of the aforesaid, both the cases are related to one offence and the witnesses are also the same, therefore, both the cases are required to be heard together. On perusal of the record, it appears that both the cases arise out of the same incident and the complainant and other witnesses are also the same and in the interest of justice, it be tried together by one Judge before the same Court. As per the provisions of Section 181 of the Railways Act, the case pending before the Special Judge, Railway Magistrate, Bhopal, may be tried by the aforesaid Special Judge who is Sessions Judge and the Court of Sessions is not inferior to the Court of Judicial Magistrate First Class as required under Section 181 of the Railway Act. It also appears that if both the cases are tried by the same Court, no prejudice will be caused to any party, rather it would be convenient to both the parties.
Hence, this petition is allowed and it directed that the Special Judge shall also try the criminal case No.2728/11 pending before the Special Railway Magistrate, Bhopal for the offence under Section 153, 156, 145,146 & 137 of the Railway Act, 1989 together with the case pending before the same Court as the Criminal Case No.35/10. The Special Railway Magistrate is directed to send the record of the aforesaid case to the Court of Special Judge, as early as possible and the Special Judge will try the case in accordance with law.
This petition is disposed of accordingly.
A copy of this order be sent to both the courts for information and compliance.
(J. P. GUPTA) JUDGE vj