Rajkumar Vaishya vs The State Of M.P.
2021 Latest Caselaw 850 MP

                                     1                            MCRC-7134-2021
          The High Court Of Madhya Pradesh
                    MCRC-7134-2021
                        (RAJKUMAR VAISHYA Vs THE STATE OF M.P.)


Jabalpur, Dated : 18-03-2021
         Shri Vivek Shukla and Shri Vinay Singh, counsel for the applicant.

         Ms. Vasundhara Shukla, Panel Lawyer for the respondent/State.

Being aggrieved by the order dated 29.01.2021 passed by the District Judge, Waidhan District Singrauli in MJCR No. 43/2021, the applicant has filed this application for transfer of the Criminal Appeal No. 275/2015 to

another Court in the same session division.

The present applicant stood convicted by the trial Court under Section 379 of the IPC and sentenced to undergo RI for 1 year. Against the said judgment of conviction, the applicant has filed the aforesaid criminal appeal. During pendency of the said appeal, an application under Section 408 of the Cr.P.C. was filed by the applicant for transfer of the case to another Court. On 15.01.2021, father of the applicant appeared before the Court and stated that the applicant could not appear as he had met with an accident. It is alleged that the Presiding Officer of the Court expressed his opinion about the

conviction of the applicant and told the father of the applicant for presence of the applicant. On 29.01.2021, the application under Section 408 of the Cr.P.C. was dismissed on the ground that the applicant has failed to prove his allegation against the Presiding Officer and the application was filed with an intention to delay the proceedings of the Court.

On perusal of the application, it shows that the present application is supported by an affidavit of the applicant who is an accused in the appeal, and not of father of the applicant, in whose presence the alleged incident is said to have taken place. Further, it appears that this application has been filed for early disposal of the aforesaid appeal under the direction of this Court.

After considering the overall facts and circumstances of the case, I am not inclined to accept the prayer of the applicant for transfer of the aforesaid 2 MCRC-7134-2021 appeal to another Court. However, the application is disposed of with the direction to the applicant to remain present before the lower Appellate Court on 19.04.2021 for final hearing of the case and the Court shall proceed in accordance with law.

With the aforesaid observation, this M.Cr.C stands disposed of.

(SMT. ANJULI PALO) JUDGE

vidya Digitally signed by SREEVIDYA Date: 2021.03.19 12:41:31 +05'30'