IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr. M M O No.51 of 2008 Date of decision: 4th July,2008 Court on its own motion Petitioner Versus State of H.P.& others Respondents Coram: The Hon’ble Mr.Justice Surinder Singh, J. Whether approved for reporting ?1 No. For the petitioner: Court on its own Motion For respondent No.1: Mr. J. S. Guleria, Law Officer. Surinder Singh, J. (Oral) The learned Sessions Judge, Hamirpur, vide his letter dated 31st March, 2008, forwarded the request of learned Addl. Chief Judicial Magistrate, Hamirpur, seeking the transfer of Police Challan No. 71-II/06: State vs Sikandar Kumar pending in his court to the court of Additional Chief Judicial Magistrate, Dehra, District Kangra. The Hon’ble Chief Justice, ordered to take it on the judicial side. Vide order dated 4th June, 2008, passed by this Court, accused-respondents in the above case were issued notice but despite service they did not put in appearance, which means they have nothing to say, as such the learned Law Officer was heard. From the facts, it emerges that during the intervening night of 26/27.8.2006, a theft took place in the go-down/store of Irrigation & Public Health Department at 1 Whether the reporters of Local Papers may be allowed to see the judgment ? yes. 2 Dhaliara, Tehsil Dehra, District Kangra. On 27.8.2006 Junior Engineer of the said Department lodged FIR No. 89 of 2006 in Police Station, Dehra, under sections 379, 380, 457 read with section 34 of the Indian Penal Code. During Nakka at “Bhaleth” falling under police station, Sujanpur, District Hamirpur, police intercepted a pick-up van, which was found carrying the alleged stolen articles. Accused persons could not produce any cash memo / bills. Thus lodged FIR No. 101 of 2006 in Police Station, Sujanpur. During investigation by Hamirpur Police it came to their notice that articles recovered from the accused persons belonged to Irrigation & Public Health Department, Dehra where theft was committed, as such the police filed the challan in the court of learned Additional Chief Judicial Magistrate, Hamirpur, under sections 379, 380, 457 and 411 I.P.C. which was registered as Challan No. 70-II/2008, while the police at Dehra, after investigating FIR 89/2006, also launched prosecution against the accused persons under sections 457, 380, 379 read with section 34 I.P.C. and filed a challan in the court of learned Additional Chief Judicial Magistrate, Dehra, District Kangra. As a matter of fact, theft was committed in the Irrigation & Public Health Department, Store, falling within the jurisdiction of Police Station, Dehra, District Kangra, whereas the stolen articles were recovered within the jurisdiction of police station, Sujanpur, which falls in District Hamirpur. Both these Districts are in different Sessions Division. There is no manner of doubt that in the given situation the Hamirpur Court can enquire into and try the offence of 411 I.P.C., in whose jurisdiction it was committed and the Dehra Court can inquire and try the offence under section 379, 380 and 457 IPC where the offence of house tress pass and theft was committed. But looking into the facts and circumstances of the case and sequence of facts it 3 shall be expedient to meet the ends of justice and to avoid the conflicting judgments to exercise the jurisdiction under section 407 Cr P. C. by this court. Accordingly, it is ordered that police challan No.71-II/2006, pending in the court of learned Additional Chief Judicial Magistrate, Hamirpur, is withdrawn from his court and is ordered to be transferred to the court of learned Additional Chief Judicial Magistrate, Dehra, District Kangra, for its trial and disposal in accordance with law. The petition stands disposed of accordingly. The copy of the order be sent to the courts concerned. July 4,2008 (Surinder Singh),J. (D)