Nayaysingh vs The State Of Madhya Pradesh
2023 Latest Caselaw 1828 MP

                                1

 IN THE HIGH COURT OF MADHYA PRADESH
              AT I N D O R E
                              BEFORE
   HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA

              ON THE 1st OF FEBRUARY, 2023

          MISC. CRIMINAL CASE No. 2874 of 2023

BETWEEN:-
   NAYAYSINGH S/O SURPAL MEDA, AGED ABOUT 32 YEARS,
1. OCCUPATION: AGRICULTURE GRAM AMBI MAVDIYA,.
   FALIYA (MADHYA PRADESH)
   VISHAL S/O RADHESINGH, AGED ABOUT 22 YEARS,
2. OCCUPATION: STUDENT VILLAGE AAMBI MAAVADIYA
   FALIYA (MADHYA PRADESH)
                                          .....PETITIONERS
(SHRI GULAB SHARMA, ADVOCATE FOR PETITIONERS)

AND
THE STATE OF MADHYA PRADESH STATION HOUSE OFFICER
THROUGH POLICE STATION AMBUJA, DISTRICT ALIRAJPUR
(MADHYA PRADESH)
                                         .....RESPONDENTS
(SHRI TARUN PAGARE, ADVOCATE FOR RESPONDENT/STATE)
AND SHRI ABHILASH VERMA, ADVOCATE FOR RESPONDENT
NO.2)
      This application coming on for admission this day, the
court passed the following:

                              ORDER

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973, for quashing of the order dated 16.12.2022 passed by Sessions Court, Alirajpur, in Session Trial No.26/2022 arising out of

Crime No.236/2021 for the offence punishable under Section 294, 302 and 34 of Indian Penal Code, 1860, registered at Police-Station - Ambua, District - Alirajpur (MP).

Counsel for the petitioners submits that by impugned order the learned Sessions Court has transferred the present case to the other Court in light of letter dated 05.02.2022 and the notesheet written by Collector - cum- District Magistrate, Alirajpur, treating the case to be a sensational case. It is submitted that Coordinate Bench of this Court in the case of Malkhan Singh vs State of Madhya Pradesh passed in MCRC No.8892 of 2021 has held that there was no distinction between sensational and non-sensational case and has referred to para 10 of the judgment.

Counsel for the State submits that by transferring of the trial from one Court to another Court would not prejudice the accused persons in any manner.

After hearing learned counsel for the parties and upon perusal of the order, I find that the trial Court has not afforded opportunity of hearing to the counsel for petitioners before passing of order of transfer of case. The trial Court is directed to pass afresh order without being influenced by earlier order dated 16.12.2022 after affording an opportunity of hearing to the petitioners and the petitioners shall file the copy of order passed by Coordinate Bench of this Court in the case of Malkhan Singh (Supra) before the trial Court.

With the aforesaid direction, this petition filed under Section 482 of Criminal Procedure Code, 1973, stands disposed off.

Certified copy, as per Rules.

                                                     (VIJAY KUMAR SHUKLA)
  Arun/-                                                   JUDGE

Digitally signed by ARUN NAIR
Date: 2023.02.02 09:11:32
+05'30'