Hijarati Arjanbhai Palabhai Rathod vs State of Gujarat

R.M. Chhaya, J.—Heard MR. Hijarati Arjanbhai Palabhai Rathod, petitioner as party-in-person and Ms. Moxa Thakkar, learned APP. for respondent State of Gujarat. Though it is not clearly stated in the petition that the present petition is filed under which provisions, the party-in-person has prayed that the three complaints being (i) Criminal Case No. 173 of 2000, pending before JMFC, Jodiya, (ii) Criminal Case No. 5065 of 1997[pending before CJM, Rajkot and (iii) Criminal Case No. 5197 of 1998 pending before JMFC, (Court No. 1), Jamnagar are filed by the State at different places and trial of all the three criminal cases are pending in different Courts i.e. at Jodiya, Rajkot and Jamnagar under the provisions of Scheduled Castes and Scheduled Tribes Prevention of Atrocities Act. MR. Arjanbhai, party-in-person has contended that he stays at village Lilapar, Taluka Morbi, Dist. Rajkot. He further states that village Jodiya is situated at a distance of 80 Kms. from his village, Rajkot is situated at 70 Kms. from his village whereas Jamnagar is situated at a distance of 110 Kms. The party-in-person has further contended that by application dated 6.12.2001 he had even requested this Court to transfer all the three cases in one Court. The party-in-person has further raised a grievance that because of the pendency of the three cases even simple application for getting true copies of the Entries in revenue records are not being entertained by the respective authorities. The party-in-person has further ventilated his grievance that since long all the three cases are pending before three different Courts which causes harassment and inconvenience to the party-in-person. The party-in-person has therefore prayed that the petition be allowed as prayed in para 15(1) of the petition and trial of all the three cases be transferred before one Court at Rajkot, so that the petitioner i.e. party-in-person may not have to attend at three different Courts at different places. At the request of the Court, the learned APP. has placed on record the fact that in view of the order dated 25.2.2008 passed by this Court (Coram: Hon''ble Ms. Justice H.N. Devani) the trial of all the three cases is stayed. Ms. Thakkar has further submitted that as far as the case which is pending before JMFC, Jodiya is concerned, the same is at the stage of recording of evidence and as per instructions received, all the three cases are pending.

This Court (Coram: Hon''ble Ms. Justice H.N. Devani) on 25.2.2008 while admitting the matter has passed the following order:

Heard, the petitioner, Shri Hijarati Arjanbhai Palabhai Rathod who appears in person.

By this petition, the petitioner inter alia seeks transfer of three cases viz., Criminal Case No. 173 of 2000 pending before the learned Judicial Magistrate First Class, Jodiya; Criminal Case No. 5065 of 1997 pending before the learned Chief Judicial Magistrate, Rajkot and Criminal Case No. 5197 of 1998 pending before the learned Judicial Magistrate First Class, Court No. 1, Jamnagar, to the Special Court at Morbi and that the same be conducted in accordance with the provisions of the Scheduled Castes and Scheduled Tribes Prevention of Atrocities Act, in such a manner that all three cases are taken up together on the same dates. On perusal of the charge sheets in connection with the said cases, it appears that the petitioner is being prosecuted for minor offences before three different as well as distant Courts, causing undue harassment to the petitioner.

In the aforesaid circumstances, this Court is of the view that the ends of justice would best be served if during the pendency of this petition, the above mentioned proceedings are stayed. Hence, Rule returnable on 25th March, 2008. By way of interim relief, further proceedings of Criminal Case No. 173 of 2000 pending before the learned Judicial Magistrate First Class, Jodiya; Criminal Case No. 5065 of 1997 pending before the learned Chief Judicial Magistrate, Rajkot and Criminal Case No. 5197 of 1998 pending before the learned Judicial Magistrate First Class, Court No. 1, Jamnagar, are hereby stayed.

MR. L.B. Dabhi, learned Additional Public Prosecutor waives service of notice of Rule on behalf of the respondent State of Gujarat.

The Registry is directed to communicate this order forthwith to the concerned Courts.

This Court by further order dated 4.3.2013 requested Ms. Moxa Thakkar, ld. APP. to inquire whether it was (possible to transfer Criminal Case No. 5197 of 1998 pending before the Court of JMFC, Jamnagar and similarly Criminal Case No. 173 of 2000 pending before the Court of JMFC, Jodiya to the Court at Rajkot or not.

Considering the facts and circumstances arising out of this petition and also considering the order dated 25.2.2008 and the submissions made by the party-in-person and ld. APP. in order to secure the ends of justice and in order to see that the trial which is pending since 1998 and 2000 at different places are taken up as expeditiously as possible requires to be transferred to one Court i.e. before the competent Court at Rajkot. It appears from the record of the petition that the grievances ventilated by the party-in-person are well founded as he has to travel from his village to Jodiya, Jamnagar and Rajkot frequently because of three criminal cases against him.

It may further be noted that in all the three cases, no private party is likely to be affected adversely if all the three cases are ordered to be transferred at competent Court at Rajkot. At this stage, Ms. Moxa Thakkar, ld. APP clarified that so far as Criminal Case No. 173 of 2000 which is pending at Jodiya Court is concerned, the complaint is filed by Taluka Development Officer. However, this Court is of the opinion that same would not make any difference as ld. P.P. has to represent the complainant before the Magistrates Court.

Considering the facts and circumstances arising out of this petition and more particularly the facts which are noted hereinabove, the proceedings of Criminal Case No. 5197 of 1998 pending before the Court of ld. JMFC, Jamnagar as well as the proceedings of Criminal Case No. 173 of 2000 pending before the Court of ld. JMFC, Jodiya are hereby directed to be transferred to competent Magistrate Court at Rajkot. The ld. Sessions Judge, Rajkot shall assign the proceedings of both the cases so transferred. It is further made clear that as the third case is pending at Rajkot the aforesaid two cases pending before the Courts at Jodiya and Jamnagar are transferred to Rajkot and it may not be construed that they are transferred to Morbi as averred by party-in-person.

Prayers prayed in para 15(3) of the petition is not considered; in this petition. Party-in-person has drawn the attention of this Court that he has also filed Writ Petition which is disposed of. It would be open for the party-in-person to take appropriate remedy for the prayer as prayed in para 15(3). It is further clarified that only considering the facts and circumstances as observed hereinabove, the proceedings are transferred to one Court. Accordingly, the petition is partly allowed. The proceedings of (i) Criminal Case No. 173 of 2000, pending before JMFC, Jodiya, and (ii) Criminal Case No. 5197 of 1998 pending before JMFC, (Court No. 1), Jamnagar are hereby transferred to the competent Magistrate Court at Rajkot. Considering the fact that the trial of the case at Jodiya Court is pending since 1998, the trial Court is hereby directed to expedite the trial of all the three Criminal Cases as expeditiously as possible. Rule made absolute only to the aforesaid extent. Interim relief granted earlier stands vacated.