S.B. CRIMINAL MISC. TRANSFER PETITION NO. 16/2008 S.B. CRIMINAL MISC. TRANSFER PETITION NO. 17/2008 S.B. CRIMINAL MISC. TRANSFER PETITION NO. 18/2008 S.B. CRIMINAL MISC. TRANSFER PETITION NO. 19/2008 Date : 18.12.2008 HON'BLE MR. C.M. TOTLA, J. Mr. Rakesh Matoria for the petitioner. Mr. V.R. Mehta, P.P. = = = = All these petitions are transfer applications under Section 407 Cr.P.C. Two petitions are by one petitioner Subhash and in rest two, are others including Subhash. The petitions are based on same facts so are being disposed of together. Petitioners requests transfer of criminal cases pending against them at Sardarshahar, Churu to Sadulshahar, District Sriganganagar. As per petitions, cases are of similar nature and allegations :- (i) Criminal Misc. Petition 16-08 – Criminal Case No. 217/08 – for the offences of Section 457, 380 IPC -as per FIR several gold and silver ornaments and gold silver coins stolen committing housebreak. (ii)Criminal Misc. Petition 17-08 – Criminal Case No. 220/08 – for the offences of Section 457, 380 IPC -as per FIR several gold and silver ornaments stolen committing housebreak. (iii)Criminal Misc. Petition 19-08 – Criminal Case No. 261/08 – for the offences of Section 457, 380 IPC -as per FIR committing house-break stolen video camera etc. (iv)Criminal Misc. Petition 18-08 – Criminal Case No. 182/08 – for the offences of Section 309 IPC – alleging attempt to commit suicide by petitioner Subhash while in custody in one of the above mentioned cases. All above cases are before the court of Judicial Magistrate, Sardarshahar, Distt Churu and petitioners requests transfer of case to court in District of Sriganganagar. Learned counsel for the petitioners argued that petitioners are presently residing at District Sriganganagar and at Sadulshahar (Sriganganagar) against petitioners are five cases pending trial – distance between these two places are about 400 kms so for attending court, the petitioners have to incur grave inconvenience and some times have to continuously stay at Sardarshahar and some times even appropriate mode of conveyance is also not available. So, the cases should be transferred to Sadulshahar, District Sriganganagar or any Magistreal court within district of Sriganganagar. Learned Public Prosecutor appearing submitted that distance is not as much as is described and no just ground to transfer the cases. Considered arguments and perused the petitions. With above submissions also is that petitioner Subhash is described to be resident of Sadulshahar, District Sriganganagar, Sanjay of Sardarshahar, district Churu. In addition, in above four cases, witnesses are resident of or around Sardarshahar, so in the event of cases being transferred, inconvenience is bound to happen to witnesses. There is no reason to assume that if feasible, the case shall not be posted by the trial court on continuous dates or if possible in two such successive dates. Accordingly, the petitions being devoid of merit are dismissed. (C.M. TOTLA), J.