SUPREME COURT OF INDIA

Before:-A.S. Anand, C.J., R.C. Lahoti and Brijesh Kumar, JJ.

Transfer Petition (Crl.) No. 126 of 2000. D/d. 3.4.2001.

Channu - Petitioner

Versus

State of Punjab - Respondent

Criminal proceeding - Transfer application

Case Referred :-

State of Punjab v. Channu, HR No. 58/98.

JUDGMENT

Through this transfer petition, the petitioner seeks transfer of case arising out of HR No. 58/98 titled "State of Punjab v. Channu" for offences under section 379/411 IPC pending before the Court of learned Chief Judicial Magistrate, Bhatinda to the Court of learned Metropolitan Magistrate, Patiala House, New Delhi. The justification advanced in support of the transfer petition is that the case under trial at Delhi arising out of HR No. 87/88 for offences under section 379/411 IPC Police Station, Nazafgarh and the case under trial at Bhatinda pertain to the same vehicle in question and. therefore, the petitioner be tried before the Court of Metropolitan Magistrate, Patiala House, New Delhi to avoid any inconsistent orders.

2. From a perusal of the charge - sheet in HR No. 58/98 pending before the learned Chief Judicial Magistrate, Bhatinda as well as the charge - sheet which is subject matter of trial pending before the learned Metropolitan Magistrate, Patiala House, New Delhi, we find that particulars of the vehicle in question are the same. Under these circumstances, we allow this transfer petition and withdraw the criminal case arising' from HR No. 58/98 titled "State of Punjab v. Channu" from the Court of Chief Judicial Magistrate, Bhatinda and transfer it to the Court of learned Metropolitan Magistrate, Patiala House, New Delhi who shall try the case along with case arising out of HR No. 87/98, Police Station Nazafgarh.

3. Learned Chief Judicial Magistrate, Batinda shall send the record pertaining to case HR No. 58/98 to the transferee Court at Delhi without any delay.

The transfer petition is allowed.

Transfer Petition Allowed.