Jharkhand High Court
Ejaz Ahmad vs The State Of Jharkhand on 9 May, 2022
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
WP(Cr) No. 95 of 2022
Ejaz Ahmad ...... Petitioner
Versus
1.The State of Jharkhand
2. Tabassum Khan @ Tabassum Jahan
...... Respondents
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioner : Mr. Anup Kr. Agarwal, Advocate
For the State : Mr. Ashwini Bhushan, A.C. to Sr. S.C.-III
03/Dated: 09/05/2022
Heard Mr. Anup Kr. Agarwal, learned counsel for the petitioner and Mr.
Ashwini Bhushan, learned counsel for the respondent-State.
This petition has been filed for quashing of order dated 16.08.2021
passed by learned District & Sessions Judge, Bokaro in Criminal Misc. No. 153/2020
whereby the learned court below has been pleased to transfer the B.T. P.S. Case No.
49/2019, corresponding to G.R. Case No. 381/2019 to the Court of learned S.D.J.M,
Bokaro.
Learned counsel for the petitioner submits that without following the
provision prescribed under sections 408 and 412 of the Cr.P.C. learned Sessions Judge
has passed the order which is not in accordance with law. Learned counsel for the
petitioner relied on judgement of the Madhya Pradesh (Jabalpur Bench) reported in
MANU/MP/0557/2004. Relying on the said judgment, learned counsel for the
petitioner submits that order passed by the learned Sessions Judge is not in
accordance with law.
Mr. Ashwini Bhushan, learned counsel for the respondent-State submits
that the reason has been assigned and there is no illegality in the impugned order.
The Court has perused the impugned order dated 16.08.2021 whereby
the learned Sessions Judge has directed to transfer the B.T. P.S. Case No. 49/2019,
corresponding to G.R. Case No. 381/2019 to the Court of learned S.D.J.M, Bokaro for
trial and disposal. The learned Sessions Judge has taken note of the fact that the O.P.
No.2 therein has filed B.T.P.S. Case No. 49/19 corresponding to G.R. Case No.
381/2019 against her husband and other inlaws which is pending in the court of
learned S.D.J.M. Bermo at Tenughat. She has also filed Original Suit No. 58/2020 for
maintenance which is pending in the court of learned Family Court, Bokaro. Petitioner
therein has further submitted that due to fear of accused persons she started living at
Bokaro and her children are studying at Bokaro and in such situation she is most
inconvenient to appear at Sub-Divisional Court and her children's welfare adversely
affectedly.
The learned Sessions Judge in the light of above submission and in the
ends of justice and for fair speedy trial recalled the B.T.P.S. Case No. 49/2019,
corresponding to G.R. Case No 381/2019 from the Court of learned S.D.J.M, Bermo at
Tenughat and transferred the same to the Court of learned S.D.J.M., Bokaro for trial
and disposal.
The petitioner herein is already facing in a case at Bokaro in which he
has already appeared in the court concerned at Bokaro. No prejudice shall be caused
if he appears in the said Court. Sufficient reason has been assigned in transferring the
case to the Court of learned S.D.J.M., Bokaro and reason is required to pass such
order as that has been held in the case relied by the learned counsel for the petitioner.
Since reason has been assigned, there is no illegality in the impugned order.
Accordingly, this petition is dismissed.
(Sanjay Kumar Dwivedi, J.)
Satyarthi/
