Dismissed

Shankar Lal v. Devi Lal

Rajasthan HC7 Sept 2021CRLTP/17/2021

Case brief

AI extract

What is this about?

In this criminal transfer petition, the petitioner sought to quash the rejection of a transfer application for a pending criminal revision case, alleging the trial court proceeded too quickly. The High Court dismissed the petition, characterizing the grounds as mere imaginations and holding that quick hearings are not valid grounds for interference under Section 482 Cr.P.C.

What did the court decide?

The petition was dismissed, and all pending applications stood dismissed.

Shankar Lal Vs Devi Lal — Civil Procedure and Limitation | Rajasthan HC (2021)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

S.B. Criminal Transfer Petition No. 17/2021

¶3

Shankar Lal S/o Sh. Hema Raigar, Aged About 60 Years, B/c Raigar, R/o Gendaliya, Teh. Kotdi, Dist. Bhilwara (Raj.).

¶4

----Petitioner

¶5

Versus

¶6

Devi Lal S/o Sh. Hema Raigar, B/c Raigar, R/o Gendaliya, Teh. Kotdi, Dist. Bhilwara (Raj.).

¶7

Ramchandra S/o Sh. Devi Lal, B/c Raigar, R/o Gendaliya, Teh. Kotdi, Dist. Bhilwara (Raj.).

¶8

Narayan Lal S/o Sh. Devi Lal, B/c Raigar, R/o Gendaliya, Teh. Kotdi, Dist. Bhilwara (Raj.).

¶9

Kanhaiya Lal S/o Sh. Devi Lal, B/c Raigar, R/o Gendaliya, Teh. Kotdi, Dist. Bhilwara (Raj.).

¶10

Village Development Officer, Gendaliya, Panchayat Samiti Kotdi, Dist. Bhilwara (Raj.).

¶11

S.h.o., P.s. Badliyas, Tehsil Kotdi, Dist. Bhilwara.

¶12

The State Of Rajasthan, Through Tehsildar Kotdi, Dist. Bhilwara.

¶13

The State Of Rajasthan, Through Nayab Tehsildar Badliyas, Teh. Kotdi, Dist. Bhilwara.

¶14

The State Of Rajasthan, Through Nayab Tehsildar Kotdi, Dist. Bhilwara.

¶15

The State Of Rajasthan, Through Pp

¶16

----Respondents

¶17

For Petitioner(s)	: Mr. Rohitash Singh Rathore
For Respondent(s)	: Mr. Gaurav Singh PP

¶18

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

¶19

Order

¶20

07/09/2021

¶21

In wake of second surge in the COVID-19 cases, abundant caution is being maintained, while hearing the matters in Court, for the safety of all concerned.

¶22

This criminal transfer petition under Section 407 Cr.P.C. has been preferred claiming the following relief:

¶23

“It is, therefore, humbly and respectfully prayed that

¶24

this Criminal Transfer Petition of the Petitioner may kindly

¶25

(2 of 3)

¶26

[CRLTP-17/2021]

¶27

be allowed and order dated 18.08.2021 passed by the learned Sessions Judge Bhilwara by which transfer application of the petitioner was rejected, may kindly be quashed and set aside and Criminal Revision Petition No.27/2020 Devi Lal & Other Vs. Shankar Lal & Others pending before the court of Additional Sessions Judge (Women Atrocities Cases), Bhilwara, may kindly be transferred to any competent court situated at Bhilwara.

¶28

Any other appropriate order or direction, which this Hon’ble Court may deem just and proper in the facts and circumstances of the case, may kindly be passed in favour of the Petitioner.”

¶29

Learned counsel for the petitioner submits that the petitioner filed an application under Section 408 Cr.P.C. before the learned Sessions Judge, Bhilwara stating therein that a revision petition bearing Criminal Revision Petition No.27/2020 (Devi Lal & Ors. Vs. Shankar Lal & Ors.) is pending before the Court of learned Additional Sessions Judge (Women Atrocities Cases), Bhilwara, and on 06.07.2021, the learned trial court has acted in a manner, which warrants transfer of the said case to any other competent court.

¶30

Learned counsel for the petitioner further submits that the talabana alongwith the notice was issued on 05.08.2021, and the next date in the matter was fixed as 07.08.2021, and then, again the date i.e. 17.08.2021 was given by the learned trial court. Thus, as learned counsel for the petitioner, the manner, in which the frequent dates are being fixed and the hurry with which the learned trial court is proceeding in the matter, clearly prejudices the present petitioner, and thus, he does not have any hope of justice from the learned trial court.

¶31

(3 of 3)

¶32

[CRLTP-17/2021]

¶33

Learned counsel for the petitioner also submits that inspite of such strong grounds, the learned District & Sessions Judge Bhilawara, has rejected the application of the petitioner vide its order dated 18.08.2021, while imposing a cost of Rs.1,000/- upon the present petitioner.

¶34

Learned counsel for the petitioner further submits that the learned trial court has already disclosed its intentions regarding outcome of the case pending before it, and therefore, the hope of justice has come to an end. Learned counsel also submits that the dates i.e. 02.08.2021, 05.08.2021, 17.08.2021 and 02.09.2021, as fixed by the learned trial court in the pending case, also point out an unusual hurry by the learned trial court.

¶35

Learned Public Prosecutor opposes the petition. 8. After hearing learned counsel for the parties as well as perusing the record of the case, alongwith the impugned order dated 18.08.2021 passed by the learned court below, this Court finds that the reasons mentioned in this petition seeking transfer of the aforementioned revision petition are nothing, but imaginations of an immature litigant. Moreover, a quick hearing of the case cannot be a ground for making any interference by this Court in the impugned order under the inherent jurisdiction of Section 482 Cr.P.C.

¶36

Consequently, the present petition is dismissed. All pending applications also stand dismissed.

¶37

(DR.PUSHPENDRA SINGH BHATI),J

¶38

256-SKant/-

Shankar Lal v. Devi Lal

Case brief

What is this about?

What did the court decide?

Shankar Lal v. Devi Lal

Case brief

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