-1- IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R Ramesh Chandra Vs. State of Rajasthan (D.B. CR. MISC.TRANSFER PETITION NO.10/2007) Date of Order :: 22.7.2008 P R E S E N T HON'BLE MR.JUSTICE BHANWAROO KHAN Mr. Chaitanya Gahlot, for the petitioner. Mr. S.K. Vyas, Public Prosecutor BY THE COURT : This misc. petition under Section 482 Cr.P.C. was filed against the order passed by the Sessions Judge, Rajsamand pertaining to transfer application filed by the petitioner under Section 407(2)(6) Cr.P.C. wherein after considering the allegation levelled by the petitioner against the Presiding Officer of Judicial Magistrate, Devgarh was dismissed vide order dated 16.3.2007. Brief facts of the present case are that Prakash Chandra, husband of Smt. Swati lodged a criminal complaint against the petitioner including seven others for a commission of offence under -2- Sections 420 IPC stating therein that Smt. Swati on the pretext of marriage with Prakash Chandra by deceitful means obtained Rs.12 lacs for the maintenance of her own two sons and thereafter refused to live with the complainant Prakash in the capacity of wife. The said complaint after investigation resulted into challan against the petitioner and seven others. The main allegation of the petitioner is that the Presiding Officer during trial of the said case threatened them many times and conduct of the Presiding Officer cast a serious doubt in their mind that they would not be getting the due justice from the said Presiding Officer of the Court of Deogarh. The transfer application so submitted by the petitioner, who happens to be father of Smt. Swati came to be rejected. In this petition the complainant was not made a party. Heard learned counsel for the parties and perused the entire material available on record. The transfer application as decided by the Sessions Judge, Rajsamand reveals that after due deliberation Sessions Judge came to be conclusion that there exist no ground for transfer of the case from the Court of Judicial Magistrate, Deogarh to any other Court of Rajsamand District. After going through the entire order, the order passed seems to be perfectly illegal order and full discussion of facts have been dealt with. In the Misc. Petition under Section 482 -3- Cr.P.C., it has been decided by catena of judgments of the Hon'ble Apex Court that this wide power should be exercised rarely, sparingly and with caution, if there is any misuse of process of law or gross injustice is made out from the order passed. The impugned order does not cover any of the ingredients which have been violated. Of course, it is admitted that the petitioner alongwith other co-accused do not belong to the area of Rajsamand but they are resident of out of Rajasthan State, this itself cannot be ground for transfer of the case. The allegation against the Presiding Officer are not such which warrants the transfer of the case. The matter should have been dealt with in the administrative side which was not done. Since the parties are resident of out of Rajasthan and they simply want that the case should be transfer from the court of Deogarh to any of other courts of Rajsamand jurisdiction. The petitioner, if moves to the District Judge in administrative side, the District Judge will consider the same sympathetically. Therefore, there is no ground which warrants any interference in the impugned order dated 16.3.2007. With these observations, the misc. petition filed by the petitioner is disposed of. (BHANWAROO KHAN),J. RM/-