Naveen Kumar Choubey vs Mohan Lal Namdeo
2022 Latest Caselaw 15968 MP

                                                        1
                          IN    THE     HIGH      COURT OF MADHYA             PRADESH
                                                   AT JABALPUR
                                                       BEFORE
                                                 JUSTICE SUJOY PAUL
                                           ON THE 2 nd OF DECEMBER, 2022
                                                   MCRC-03554-2020

                          BETWEEN:-
                          NAVEEN KUMAR CHOUBEY S/O LATE K P CHOUBEY,
                          AGED ABOUT 45 YEARS, OCCUPATION: ASI (M) DIST
                          COMMANDENT OFFICE DAMOH H NO 325 MAAGANJ
                          WARD DIST DAMOH (MADHYA PRADESH)

                                                                            .....PETITIONER
                          (BY SHRI RAVI MAHENDRA KUMAR VYAS - COUNSEL )

                          AND
                          DHARMENDRA TIWARI S/O LATE HARIHARNATH
                          TIWARI NEAR KISTUKALA SCHOOL MAHADEVA SATNA
                          (MADHYA PRADESH)

                                                                           .....RESPONDENT
                          (BY SHRI R.P. MISHRA - COUNSEL )

                                       MISC. CRIMINAL CASE No. 3554 of 2020

                          BETWEEN:-
                          NAVEEN KUMAR CHOUBEY S/O LATE K P CHOUBEY,
                          AGED ABOUT 45 YEARS, OCCUPATION: ASI (M)
                          DISTRICT COMMANDENT OFFICE DAMOH H NO 325
                          MAAGANJ WARD DIST DAMOH (MADHYA PRADESH)

                                                                            .....PETITIONER
                          (BY SHRI RAVI MAHENDRA KUMAR VYAS - COUNSEL)

                          AND
                          MOHAN LAL NAMDEO S/O LATE BABULAL NAMDEO
                          RVANATOLA BEHIND CITY KOTWALI SATNA (MADHYA
                          PRADESH)

                                                                           .....RESPONDENT
Signature Not Verified
Signed by: NAVEEN KUMAR
SARATHE
Signing time: 12/3/2022
12:52:31 PM
                                                     2
                          (BY SHRI DAYARAM VISHWAMARKA - COUNSEL )

                                           MISC. CRIMINAL CASE No. 3589 of 2020

                          BETWEEN:-
                          NAVEEN KUMAR CHOUBEY S/O LATE K P CHOUBEY,
                          AGED ABOUT 45 YEARS, OCCUPATION: ASI (M) DIST
                          COMMANDENT OFFICE DAMOH H NO 325 MAAGANJ
                          WARD DIST DAMOH (MADHYA PRADESH)

                                                                                             .....PETITIONER
                          (BY SHRI RAVI MAHENDRA KUMAR VYAS - COUNSEL )

                          AND
                          MOHAN LAL NAMDEO S/O LATE BABULAL NAMDEO
                          RVANATOLA BEHIND CITY KOTWALI SATNA (MADHYA
                          PRADESH)

                                                                                            .....RESPONDENT
                          (BY SHRI DAYARAM VISHWAKARMA - COUNSEL )

                                These applications coming on for admission this day, the court passed
                          the following:
                                                              ORDER

Regard being had to the similitude of the question involved, on the joint request of the learned counsel for the parties, these matters were analogously heard and decided by this common order. The parties argued in M.Cr.C. No. 3572/2018 and jointly urged that remaining matters are similar.

MCRC. 3572/2020 In this application the singular prayer of the applicant is to transfer the case SC - NIA 387 / 2017 to some other District.

Shri Ravi Mahendra Kumar Vyas, learned counsel for the applicant by placing reliance on complaint of the applicant submits that 7 - 8 armed hooligans threatened him and compelled him to sign on 10 - 11 cheques. In view of this kind of threat which is constant in nature, the applicant cannot Signature Not Verified Signed by: NAVEEN KUMAR SARATHE Signing time: 12/3/2022 12:52:31 PM

contest his matter freely before the Court below. The matters may be transferred to some other District Court. In support of this singular contention, he placed reliance on the judgment of Supreme Court in (1979) 4 SCC 192 Inder Singh and Ors. Vs. Kartar Singh.

Per Contra, learned counsel for the respondent opposed the same. He placed reliance on the judgments of this Court in Smt. Hemlata Singh Vs. State of M.P. and Ors 1991 (III) Crimes 740 and Madras High Court in Murugesan and Ors. Vs. State 1999 CriLJ 3430.

It is noteworthy that it is submitted by Shri Vyas that in one matter, the respondent has died during the pendency of the case.

Shri Vyas urged that no steps have been taken to substitute the legal representatives.

Learned counsel for the respondent although admitted the factum of death of Mohanlal during the pendency of the case pleaded ignorance whether necessary steps were taken for anybody's impleadment or not. In the opinion of this Court, it is for the court below to consider the aforesaid aspect.

The parties confined their arguments to the extent indicated above. I have heard the parties at length and perused the record. The singular contention is based on alleged threat of the other side because of which applicant feels unsecured because of which transfer of

matters is prayed for. In the case of Inder Singh (Supra) there were certain peculiar and extraordinary circumstances based thereupon transfer was ordered. No general principle of law was laid down in the said case. Thus, the said judgment cannot be pressed into service in case of this nature.

In the case of Smt. Hemlata Singh (supra), the transfer under section 407 of Cr.P.C. was prayed for on the ground that non-applicant threatened the Signature Not Verified Signed by: NAVEEN KUMAR SARATHE Signing time: 12/3/2022 12:52:31 PM

applicant of dire consequences and therefore, the matter may be transferred to another District Court. This Court did not grant the relief of transfer of the case, indeed directed the Authorities / District Administration to take special protection so that applicant can contest the matter freely. Similar was the view of Madras High Court in Murugesan (supra).

In this view of the matter, while declining transfer of cases from one District to another, I deem it proper to permit the applicant to file appropriate application before the concerned police authorities for protection and in that event, the police authorities shall provide adequate protection to the applicant so that he can contest the aforesaid pending matters without threat or fear.

With the aforesaid direction, the applications are disposed of.

(SUJOY PAUL) JUDGE sarathe

Signature Not Verified Signed by: NAVEEN KUMAR SARATHE Signing time: 12/3/2022 12:52:31 PM