Dismissed

Mahesh Kumar Yadav Son of Sunillal Yadav v. State of Rajasthan

Rajasthan HC16 Oct 2024CRLTP/9/2024

Case brief

AI extract

What is this about?

The single-judge bench dismissed a criminal transfer petition filed by an accused seeking to consolidate trials arising from the same FIR. The court found the petition frivolous and vexatious, intended to delay proceedings, noting no valid ground for transfer.

What did the court decide?

Transfer application under Section 407 Cr.P.C. dismissed; trial court directed to expedite trial.

Mahesh Kumar Yadav Son of Sunillal Yadav Vs… — Civil Procedure and Limitation | Rajasthan HC (2024)

¶1

[2024:RJ-JP:45143]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶3

S.B. Criminal Miscellaneous Transfer Petition No. 9/2024

¶4

Mahesh Kumar Yadav Son Of Sunilal Yadav, Aged About 40 years, Resident Of Lochbon Ki Dhani, Village Nangal Kalan, Police Station Govind Gadh, Tehsil Chomu District Jaipur

¶5

----Petitioner

¶6

Versus

¶7

State Of Rajasthan, Through Public Prosecutor

¶8

----Respondent

¶9

For Petitioner(s)	: Mr.	Vinod Kumar Sharma
For Respondent(s)	: Mr.	Onkar Singh Rajpurohit,PP

¶10

HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

¶11

Order

¶12

16/10/2024

¶13

Instant transfer petition is preferred by petitioner-accusedMahesh Kumar Yadav to transfer a Criminal Case No.95/2019 titled as State Vs. Poonam and Ors. Pending before learned Additional Sessions Judge No.4, Jaipur District and instituted from FIR No.3/2017 registered at Police Station SOG.

¶14

Learned counsel for petitioner submits that the present petitioner is facing a trial before the Court of Additional Sessions Judge No.4, Jaipur District but a subsequent charge-sheet was filed against another accused and same is pending before learned Chief Judicial Magistrate, Jaipur Metropolitan, Jaipur, therefore, arising out of same FIR, two cases be tried together, by same court. He submits that even the cross cases are tried together.

[2024:RJ-JP:45143]

[CRLTP-9/2024]

(2 of 3)

Aforesaid contentions were opposed by learned Public Prosecutor.

¶19

Heard learned counsel for petitioner and learned Public Prosecutor. A status report is called from learned Additional Sessions Judge No.3, Jaipur, District Jaipur. Perused the material on record.

¶20

In a matter arising out of FIR No.3/2017, P.S. SOG, police has filed charge-sheet against Poonam Kanwar, Vandana Bhat, Mahesh Kumar and Balram before learned Chief Metropolitan Magistrate, Jaipur Metro and same was committed to the court of Sessions Judge, but transfer to Ld. Additional Sessions Judge. Learned Additional Sessions Judge after considering the material placed on record has framed charges on 19.10.2017 and the statement of PW1 was recorded on 17.09.2021. Thereafter, the statement of PW2 was recorded and same remained inconclusion due to application by present petitioner.

¶21

In the meanwhile, SOG has filed a supplementary chargesheet against Anil Yadav on 22.11.2017 and same was also committed to Learned Sessions court. When this matter of Anil Yadav was transferred to same Court then due to order dated 06.06.2018 in S.B. Criminal Misc. Petition No.5423/2018 on point of cognizance, the matter was remitted back to learned Chief Metropolitan Magistrate.

¶22

Aforesaid facts make it clear that the petitioner has moved unnecessary and unwarranted transfer petition. It appears that this petitioner is only trying to delay the trial which is pending since 2017. This transfer petition is frivolous and vexatious and filed to kill the time of this Court.

[2024:RJ-JP:45143]

[CRLTP-9/2024]

(3 of 3)

In view of aforesaid, the transfer application preferred under Section 407 of Cr.P.C. is hereby dismissed. The Trial Court is directed to expedite the trial and send compliance report.

¶27

(ASHOK KUMAR JAIN),J

¶28

Arun/78

Mahesh Kumar Yadav Son of Sunillal Yadav v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Mahesh Kumar Yadav Son of Sunillal Yadav v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Smt. Renu Sharma D/O Sh. Dinesh Kumar Sharma Vs Amit @ Khemchand Sharma S/O Sohanlal Ji Sharma

Varuana W/O Sanjay Kumar Jajoria D/O Shri Prahlad Singh Vs Sanjay Kumar Jajoria S/O Shri Om Prakash Jajoria

Manjoor Ali S/O Sabuddin Vs State of Rajasthan

Kailash Chand @ Kalu Son of Sawantaram Vs State of Rajasthan

Panna Lal S/O Kishna Vs State of Rajasthan

Tripati Jain W/O Shri Gaurav Jain Vs State of Rajasthan