CR.RA/63/1995 of VRAJLAL CHARTUBHUJ Vs STATE OF GUJART on 5 December 2002

1. Whether Reporters of Local Papers may be allowed : NO to see the judgements? 2. To be referred to the Reporter or not? : NO

3. Whether Their Lordships wish to see the fair copy : NO of the judgement?

4. Whether this case involves a substantial question : NO of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder?

5. Whether it is to be circulated to the concerned : NO Magistrate/Magistrates,Judge/Judges,Tribunal/Tribunals?

-------------------------------------------------------------- VRAJLAL CHARTUBHUJ

Versus

STATE OF GUJART

-------------------------------------------------------------- Appearance:

1. Criminal Revision Application No. 63 of 1995 MR YOGESH S LAKHANI for Petitioner No. 1 MR KC SHAH APP for Respondent No. 1

-------------------------------------------------------------- CORAM : MR.JUSTICE R.P.DHOLAKIA

Date of decision: 05/12/2002

ORAL JUDGEMENT

The present petition has been filed being aggrieved by the order dated 1.12.1994 passed by the learned Sessions Judge, Mehsana, in Criminal Misc.

Application No.639 of 1994.

2 The case in short is that a complaint was filed against the present petitioner and one Yogendra R Choudhary under Sections 406, 420 of the Indian Penal Code by the complainant into the Visnagar Police Station which has been registered as Visnagar Police Station I C.R.No.167 of 1993. After investigation, charge-sheet has been filed into the Court of the learned JMFC, Visnagar, and on the day of adjournment i.e. on 16.9.1993, when the present petitioner went to the Court at Visnagar, the complainant and his friends came and threatened that either he should pay the amount or will have to face the dire consequences and, therefore, on the same day, an application was submitted to the Police Inspector, Visnagar Police Station and tehreafter filed application in the District Court at Mehsana bearing Criminal Misc. Application No.639 of 1994 under Section 408 of the Criminal Procedure Code praying for transfer of the case to the Court of the learned Chief Judicial Magistrate at Mehsana. After hearing the learned counsel for the respective parties, same has been rejected by the learned Sessions Judge, which is givng rise to prefer the present revision application.

3 Heard the learned counsel Mr Y.S. Lakhani for the petitioner and on behalf of the State Mr K.C. Shah.

4 Mr K.C. Shah has submitted a copy of the fax message received by him showing that the above referred criminal case is going on in the Court of the learned Judicial Magistrate First Class, Visnagar, and is now adjourned to 2.12.2003. Copy of the fax message is ordered to be taken on record.

5 It appears that a reasoned order has been passed by the court below considering all aspects of the matter including application at Annexure-B submitted by the petitioner in the concerned Police Station which is contrary to the say of the petitioner in the transfer application, which he has submitted before the court below.

6. It is to be noted that the alleged incident is of the year 1993 and no untoward incident has taken place till date and trial is going on and is likely to be over in the near future and in these circumstances, I do not find it necessary to interfere with the order dated 1.12.1994 passed by the learned Sessions Judge, Mehsana, in Criminal Misc. Application No.639 of 1994 and hence, this revision application is required to be rejected.

����( R.P. Dholakia, J. ) (mohd)