Wakil Singh vs State of Haryana

Bakhshish Kaur, J.

Eicher Tractor bearing registration No. PB442007 was allegedly stolen. On the statement of owner of the tractor, namely Sukhdev Singh, case F.I.R. No. 472 dated October 7, 1994, under sections 379/441, Indian Penal Code, was registered by Police Station Tohana, as per Annexure P1. He was charged for the offence complained of and the trial is pending against him before the trial Court, at Tohana.

In relation to the same offence, another F.I.R. No. 60 dated October 13, 1994, under section 411, I.P.C. was registered at Police Station, Bareta, as per Annexure P3, as the tractor was allegedly recovered from the accused petitioner during the course of investigation and he is facing trial before the trial Court, at Mansa.

The petitioner has, therefore, prayed under section 482, Code of Criminal Procedure, for quashing of the F.I.R. No. 60, as well as the charge sheet framed in consequence thereof, or in the alternative it is prayed that the case F.I.R. No. 60 dated October 13, 1994, may be transferred to the Court of Judicial Magistrate Ist Class, at Tohana, where another case is pending trial.

Heard and considered the replies of learned counsel for both the States of Punjab and Haryana.

Concededly, in both the cases, the genesis of the offence is the same. In fact theft of tractor took place in the jurisdiction of Tohana, whereas recovery was effected in the area of Bareta, which resulted into registration of two different cases. In order to obviate the chances of conflicting findings by the two different courts, it would be proper that both the cases be tried by one Court. Hence, case pertaining to F.I.R. No. 60 dated October 13, 1994, P.S. Bareta requires to be withdrawn so that the same is also tried along with F.I.R. No. 472, dated October 7, 1994, P.S. Tohana, having regard to the provisions of section 186, Code of Criminal Procedure.

Consequently, the file of the case relating to F.I.R. No. 60 dated October 13, 1994, P.S. Bareta, pending in the court of Judicial Magistrate, Mansa is hereby ordered to be withdrawn and the same is transferred to the court of Judicial Magistrate Ist Class, at Tohana, before whom the case F.I.R. No. 472 dated October 7, 1994, P.S. Tohana is already pending.

The learned Judicial Magistrate, Mansa, is directed to send the file pertaining to F.I.R. No. 60, dated October 13, 1994, P.S. Bareta, to the court of learned Judicial Magistrate, Tohana within 20 days from the date of receipt of copy of the order. On the receipt of this file, the learned Magistrate, Tohana shall dispose of both these cases registered as per F.I.R. No. 60 dated October 13, 1994, P.S. Bareta and F.I.R. No. 472, dated October 7, 1994, P.S. Tohana, together. Dasti.