Mahesh Kumar Jain vs Special Police Establishment ...
2021 Latest Caselaw 605 MP

       THE HIGH COURT OF MADHYA PRADESH 1
                    MCRC 11489 of 2021
 Mahesh Kumar Jain vs. Special Police Establishment, through its
      Superintendent of Police, SPE, Lokayukt, Gwalior

Gwalior, Dated :10/03/2021

      Shri Sameer Kumar Shrivastava, Counsel for the applicant.

      Shri Sushant Tiwari, Counsel for the respondent/ Lokayukt.

This application under Section 482 of CrPC r/wh Section 407 of

CrPC and Section 11 of MP Vishesh Nyayalaya Adhiniyam, 2011 has

been filed against the order dated 14/01/2021 passed by Special Judge

(Prevention of Corruption Act), Guna in Special Sessions Trial No.

02/2015 with following reliefs:-

''Order Annexure P-1 dated 14.01.2021 passed by learned Special Judge (Prevention of Corruption Act) Guna may kindly be quashed and by exercising the power under Section 10 of Act of 2011, this Hon'ble Court may direct that the case of the petitioner may be tried at Special Court Guna only.''

Although this application has also been filed under Section 407

of CrPC but no case is made out for transfer of the case from the Court

of Special Judge (MP Vishesh Nyayalaya Adhiniyam, 2011) Gwalior to

the Court of Special Judge (Prevention of Corruption Act), Guna.

It appears that the applicant is facing trial for offence under

Section 13(1)(e) r/w Section 13(2) of Prevention of Corruption Act,

1988. His trial is pending in the Court of Special Judge (Prevention of

Corruption Act), Guna in Sessions Trial No.02/2015. Since the Court

of Special Judge, Gwalior under MP Vishesh Nyayalaya Adhiniyam,

2011 has been notified for the District Guna, therefore, by the

impugned order dated 14/01/2021, the Special Judge (Prevention of THE HIGH COURT OF MADHYA PRADESH 2 MCRC 11489 of 2021 Mahesh Kumar Jain vs. Special Police Establishment, through its Superintendent of Police, SPE, Lokayukt, Gwalior

Atrocities) Act, Guna has transferred Special Sessions Trial No.

02/2015 to the Court of Special Judge (MP Vishesh Nyayalaya

Adhiniyam, 2011), Gwalior.

After arguing the matter at length, the counsel for the applicant

fairly submitted that the order dated 14/01/2021 is in consonance with

the judgment dated 05/09/2017 passed by the Division Bench of this

Court in the case of Ashok Kumar Jain vs. The State of Madhya

Pradesh (MCRC No. 14592 of 2017) and since the Court of Special

Judge (MP Vishesh Nyayalaya Adhiniyam, 2011) Gwalior has been

notified as a Court of Special Judge for the District Guna also,

therefore, the Trial Court i.e. Special Judge (Prevention of Corruption

Act), Guna was left with no other option but to transfer the matter to

the Court of Special Judge (MP Vishesh Nyayalaya Adhiniyam, 2011),

Gwalior.

In view of the settled position of law, this Court is of the

considered opinion that no illegality has been committed by the Trial

Court by transferring Special Sessions Trial No.02/2015 to the Court of

Special Judge ( MP Vishesh Nyayalaya Adhiniyam, 2011), Gwalior.

Accordingly, this application fails and is hereby dismissed.

(G.S. Ahluwalia) Judge MKB

MAHENDRA KUMAR BARIK 2021.03.16 11:17:54 +05'30'