Rajasthan High Court - Jodhpur
Salman Khan vs State Of Rajasthan on 5 March, 2021
Bench: Manoj Kumar Garg
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Crl. Misc. Trnfr. Pet. No. 6/2021
Salman Khan S/o Sh. Salim Khan, Aged About 55 Years, B/c
Indian, R/o 3 Galaxy Apartment, B.J. Road, Band Stand, Bandra,
Mumbai.
----Petitioner
Versus
1. State Of Rajasthan
2. Punam Chand Bishnoi S/o Sh. Bhepa Ram Bishnoi, B/c
Bishnoi, R/o Bagro Ki Dhani, Kankani, P.S. Luni, Dist.
Jodhpur.
3. Saif Ali Khan S/o Mansur Ali Khan, R/o Belscoat Bungalow
No. 5, Lokhand Wala Complex, Andheri West, Mumbai
(Maharashtra).
4. Neelam D/o Shishir Kothari, B/c Hindu, R/o 8th Floor,
Laxmi Niwas, 16th Road, Khar West, Bandra, Mumbai
(Maharashtra).
5. Tabbsum @ Tabu D/o Jamal Hashmi, B/c Musalman, R/o
Flat No. 2, Anukul Apartment, Varsova, Mumbai
(Maharashtra).
6. Sonali D/o Ashok Bendre, B/c Hindu, R/o E-401,
Madhuvan Apartment, Yari Road, Varsova, Andheri,
Mumbai (Maharashtra).
7. Dushyant Singh S/o Karan Singh, B/c Rajput, Akhey
Niwas, Air Force Road, Jodhpur.
----Respondents
For Petitioner(s) : Mr.Vikram Choudhary, Sr. Adv.
assisted by Mr.Hastimal Saraswat, &
Ms.Rekha, Advocates.
For Respondent(s) : Mr.Farzand Ali, AAG assisted by
Mr.Mukhtiyar Khan
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
(2 of 3) [CRLTP-6/2021]
05/03/2021
Instant Criminal Misc. Transfer Petition has been filed by the
petitioner seeking transfer of Criminal Appeal Nos. 18/2018,
22/2017 and Criminal appeal filed by complainant Punamchand
pending before the court of District and Sessions Judge, Jodhpur
District to this Court for consideration alongwith Criminal leave to
Appeal No. 311/2018.
Learned counsel for the petitioner submits that all the three
appeals referred to above arise from a common judgment dated
05.04.2018 in FIR No. 93/1998 pending before the court of
learned Sessions Judge, Jodhpur and against the same judgment
being aggrieved by the acquittal, the State of Rajasthan has also
preferred Leave to Appeal being Criminal Leave to Appeal No.
311/2018 before this Court, therefore, ends of justice will be met
if these three appeals be heard and decided together by the same
Court alongwith Criminal Leave to Appeal No. 311/2018. Learned
counsel for the petitioner has placed reliance on the order passed
by co-ordinate Bench of this Court in the case of 'Salman Khan Vs.
State of Raj.' (S.B. Criminal Misc. Petition No. 23/2011) decided
on 04.11.2011 wherein, this Court while exercising power under
Section 386 Cr.P.C allowed similar transfer petition and directed
the Criminal Appeal pending in the court of learned Sessions
Judge, Jodhpur to be transferred to the High Court.
Issue notice to the respondents.
Mr.Farzand Ali, AAG accepts notice on behalf of the
respondent No.1. Let notices be issued to respondents No.2 to 7
only, returnable within four weeks.
(3 of 3) [CRLTP-6/2021]
Learned Additional Advocate General seeks four weeks' time
to file reply.
Time prayed for is allowed.
List the matter on 09.04.2021,as prayed.
In the meanwhile, Meanwhile, the learned Sessions Judge,
Jodhpur District is directed not to proceed in Criminal Appeal No.
18/2018, Criminal Appeal No. 22/2017 and Criminal appeal filed
by Poonam Chand Bishnoi.
(MANOJ KUMAR GARG),J
196-NK
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