This order dismissed three common criminal miscellaneous transfer applications filed by the petitioner. The court held that the applicant failed to establish sufficient grounds, noting that transfer must consider the convenience of prosecution, witnesses, and society, not just the petitioner.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Transfer Application No. 63/2019
Bhanwar Lal Yadav S/o Shri Chhoturam B/c Yadav, R/o Kotdi Luharwas, Police Station Khandela Distt. Sikar Raj. At Present R/o Ward No. 3, Neemkathana Tehsil And Police Station Neemkathana Distt. Sikar Raj. At Present Posted Constable Driver, C.o. Office, Rajasthan Police, Reengas Distt. Sikar.
----Petitioner
Versus
Phoolaram S/o Shri Bhagwanaram B/c Jat, R/o Kotdi Luharwas, Tehsil And Police Station Khandela Distt. Sikar.
----Respondent
Connected With
S.B. Criminal Miscellaneous Transfer Application No. 64/2019 Bhanwar Lal Yadav S/o Shri Chhoturam B/c Yadav, R/o Kotdi Luharwas, Police Station Khandela Distt. Sikar Raj. At Present R/o Ward No. 3, Neemkathana Tehsil And Police Station Neemkathana Distt. Sikar Raj. At Present Posted Constable Driver, C.o. Office, Rajasthan Police, Reengas Distt. Sikar.
----Petitioner
Versus
Phoolaram S/o Shri Bhagwanaram B/c Jat, R/o Kotdi Luharwas, Tehsil And Police Station Khandela Distt. Sikar.
----Respondent
S.B. Criminal Miscellaneous Transfer Application No. 65/2019 Bhanwar Lal Yadav S/o Shri Chhoturam B/c Yadav, R/o Kotdi Luharwas, Police Station Khandela Distt. Sikar Raj. At Present R/o Ward No. 3, Neemkathana Tehsil And Police Station Neemkathana Distt. Sikar Raj. At Present Posted Constable Driver, C.o. Office, Rajasthan Police, Reengas Distt. Sikar.
----Petitioner
Versus
Phoolaram S/o Shri Bhagwanaram B/c Jat, R/o Kotdi Luharwas, Tehsil And Police Station Khandela Distt. Sikar.
----Respondent
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[CRLTP-63/2019]
For Petitioner(s) : Mr. Arpan Kumar Sharma For Respondent(s) : Mr. S.S. Kudi
HON'BLE MR. JUSTICE GOVERDHAN BARDHAR
Order
16/12/2019
Since the controversy involved in all the three transfer applications are same, hence same are being decided by the common order.
By filing present transfer applications, the applicants have interalia prayed that in the interest of justice, these transfer applications may be allowed and cases No. 188/2018, 187/2018 and 189/2018: titled as Phoola Ram Vs. Bhanwar Lal Yadav, be transferred to other competent Court, after taking into consideration the grounds taken in the present applications.
Counsel for respondent opposed the averments made in the transfer applications and submitted that these transfer applications have been filed on frivolous grounds and learned Sessions Judge, Sikar, has dismissed the transfer applications by passing a reasoned order.
Perused the material placed before me and impugned order dated 17.09.2019.
It is pertinent to note that the law with regard to transfer of cases is well settled. Though the convenience of the parties including the witnesses to be produced at the trial is also a relevant consideration for deciding the transfer petition. And the convenience of the parties does not necessarily mean the convenience of the petitioners alone who approached the Court on
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[CRLTP-63/2019]
misconceived notions of apprehension. Convenience for the purposes of transfer means the convenience of the prosecution, other accused, the witnesses and the larger interest of the society.
The applicant has failed to establish sufficient grounds for allowing these transfer applications.
Accordingly, these transfer applications are devoid of merit, hence, deserve to be dismissed and the same are accordingly dismissed.
A copy of this order be placed in each of the file.
(GOVERDHAN BARDHAR),J
Pcg/ 68 to 70
1 issue framed by the court
Whether the transfer applications filed in the interest of justice are meritorious.
Bhanwar Lal Yadav
Phoolaram
Goverdhan Bardhar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
