Sunil Kumar Jangde vs. Ashish Arora
Final Order
Court:High Court, Chhattisgarh
Judge:Hon'ble Pritinker Diwaker
Case Status:Dismissed
Order Date:29 Oct 2015
CNR:CGHC010089502015
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Order Issued After Hearing
Purpose:
Disposed
Before:
Hon'ble Hon'Ble Shri Justice Pritinker Diwaker
Listed On:
29 Oct 2015
Order Text
HIGH COURT OF CHHATTISGARH, BILASPUR
TPCR No. 20 of 2015
• Sunil Kumar Jangde S/O Shri Manmohan Lal Jangde Aged About 42 Years R/O Quarter No. 52/92 (At Present Quarter No. 63/99) Police Colony Torwa, Police Station Torwa, Civil And Rev. Distt. Bilaspur Chhattisgarh.
---- Petitioner
Versus
-
- Ashish Arora Aged About 40 Years Station House Officer, Police Station Torwa, Aged 40 Years, R/O Torwa, Bilaspur Civil And Rev. Distt. Bilaspur Chhattisgarh.
-
- Head Constable No. 1063 Umesh Upadhyay Aged About 59 Years Posted At Police Station Torwa, Civil And Rev. District Bilaspur Chhattisgarh.
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- Head Constable No. 344 Shiv Chandra Aged About 44 Years Posted At Police Station Torwa, Civil And Rev. District Bilaspur Chhattisgarh.
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- Constable No. 759 Salim Javed Posted At Police Station Torwa, Civil And Rev. District Bilaspur Chhattisgarh.
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- Constable No. 397 Fool Chandra Badde Posted At Police Station Torwa, Civil And Rev. District Bilaspur Chhattisgarh.
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- Constable No. 112 Smt. T. Somvati Posted At Police Station Torwa, Civil And Rev. District Bilaspur Chhattisgarh.
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- Smt. Madhulika Singh City Superintendent Of Police, Civil Line Bilaspur, Civil And Rev. Distt. Bilaspur Chhattisgarh.
-
- Smt. Manju Madhukar D/O Bhushan Singh Madhukar Aged About 35 Years R/O Vill. Pachpedi, Police Chowki - Pachpedi, Police Station Masturi, Civil And Rev. Distt. Bilaspur Chhattisgarh.
-
- Bhushan Singh Madhukar S/O Derha Madhukar Aged About 58 Years R/O Vill. Pachpedi, Police Chowki - Pachpedi, Police Station Masturi, Civil And Rev. Distt. Bilaspur Chhattisgarh.
- 10.Dr. Krishmurti Bandhi Ex MLA/President Anusuchit Jati Janjati Ayog S/O Late Shri Bada Bandhi Aged 51 Years,Caste - Satnami, R/O Shiv Kripa Kunj, Behind Of Shiddh Shikhar Appartment, Narmada Nagar, Bilaspur, Civil And Rev. Distt. Bilaspur Chhattisgarh.
- 11.Smt. Gunja Khunte @ Archana Khunte W/O Mahadev Khunte R/O Vill. Police Colony Torwa, Civil And Rev. District Bilaspur Chhattisgarh.
- 12.State Of Chhattisgarh Through The District Magistrate Bilaspur Chhattisgarh.
---- Respondent
| 29/10/2015 | Shri P.M. Shrivas, counsel for the petitioner. |
|---|---|
| Shri Vivek Sharma, Govt. Advocate for the State. | |
| Shri Ravi Maheshwari, counsel for respondents No. 8 & 9. | |
| From the facts it appears that as many as six cases | |
| between the petitioner and respondent No.8 are pending | |
| before Shri Suresh Jun, Additional Sessions Judge, | |
| Bilaspur. The petitioner filed an application before the | |
| District & Sessions Judge, Bilaspur for transfer of all the | |
| six cases from the Court of Shri Suresh Jun to some other | |
| Court on the apprehension that he may not get justice | |
| from the said Court as the Court is proceeding hurriedly | |
| and is pressurizing the petitioner for compromise. | |
| According to the petitioner, the concerned Judge has | |
| already made up his mind for deciding the case against | |
| the petitioner and therefore, the case be transferred to | |
| some other Court. | |
| The application filed by the petitioner has been decided by | |
| the Sessions Judge by the impugned order dated | |
| 9.4.2015. It has been held by the Sessions Judge that the | |
| apprehension shown by the petitioner has no basis, the | |
| cases have been transferred in the Court of the concerned | |
| Judge so that all the matters between the parties can be | |
| decided by a common Judge. The Sessions Judge has | |
| further observed that as per provisions of Code of Criminal | |
| Procedure, if all the cases are tried by one Court, it will be | |
| in the interest of justice. It has been further held that | |
| merely on the basis of apprehension shown by the | |
| petitioner, the cases cannot be transferred. | |
| Along with this petition, the petitioner has not filed the | |
| relevant documents including copy of the transfer petition | |
| filed by him before the Court below. He has also not filed | |
| any document on which basis it can be ascertained that |
the Court below is pressuring the petitioner or is
| proceeding hurriedly. Merely on the basis of apprehension | |
|---|---|
| shown by the petitioner that the cases may be decided | |
| against him, the pending cases cannot be transferred to | |
| some other Court. The order impugned passed by the | |
| Sessions Judge is in accordance with law warranting no | |
| interference. The petition has no substance, the same is | |
| liable to be dismissed at admission stage and it is | |
| dismissed as such. | |
| Needless to state, the Court below shall act strictly in | |
| accordance with law while deciding the pending cases of | |
| Sd/ | |
| (Pritinker Diwaker) | |
| (Pritinker Diwaker) | |
| Judge | |
khan
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