IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.47626 of 2008 PRAYAG SINGH S/O LATE RAM BACHAN SINGH, R/O VILL. KAWAI, P.S. DAWATH, DIST. ROHTAS. ---- PETITIONER Versus STATE OF BIHAR ---- OPP.PARTY. For the Petitioner : Mr. Om Prakash Upadhyay, Advocate. For the State : Mr. Jharkhandi Upadhyay, APP ----------- 04 06.08.2010 Heard both sides. Present application has been filed under Section 482 read with Section 407 of the Code of Criminal Procedure (hereinafter referred to as the ‘Code’) seeking a direction to transfer the criminal proceeding arising out of Dawath P.S. Case no. 59 of 2008 under Section 414 of the Penal Code from Rohtas Sessions Division to Bhojpur Sessions Division. Background facts leading to the present application need to be stated first. Petitioner was made accused in Piro P.S. case no. 90 of 2008 instituted under Section 392 of the Penal Code on the strength of an information lodged by one Sanjay Kumar Rai alleging therein that his Hiro Honda motor cycle bearing registration no. BR-3C./8719, Engine no. 07F15M 22068, chassis no. 07F16C12543 was forcibly relieved at gun point by unknown accused persons. Investigation was carried out whereafter the police submitted charge sheet against the petitioner along with others. It is to be recorded here that another F.I.R. bearing Dawath P.S. case no. 59 of 2008 under Section 414 of the Penal Code was lodged by the police with an allegation that Hero Honda 2 motorcycle of the aforesaid description was recovered from the possession of the petitioner. He was, therefore, made an accused in aforesaid Dawath P.S. case no. 59 of 2008. Petitioner is, thus, facing two prosecutions in two different and distinct districts, which, according to him, arises out of the same occurrence. It is contended that in the interest of justice the criminal case pending at Rohtas arising out of Dawath P.S. case no. 59 of 2008 may be transferred to any other Court within the Session Division of Ara where the petitioner is facing the trial. It is also contended that in the case arising out of Piro P.S. case 90 of 2008, the matter is fixed for framing of charge. Learned counsel for the petitioner placed reliance on Section 407 1(c). Section 407 of the Code reads as under:- “407. Power of High Court to transfer cases and appeals-(1).............. (a)…………. (b)…………. ( c ) That an order under this section is required by any provision of this Code, or will tend to the general convenience of the parties or witnesses, or is expedient for the ends of justice, It may order- (i) that any offence be inquired into or tried by any Court not qualified under sections 177 to 185 ( both inclusive), but in other respects competent to inquire into or try such offence; (ii) that any particular case or appeal, or class of cases or appeals, be transferred from a criminal Court subordinate to its authority to any other such Criminal Court of equal or superior jurisdiction; (iii) that any particular case be committed for trial to a Court of Session; or (iv) that any particular case or appeal be transferred to and tried before itself.” He has also placed reliance on Section 223 of the Code 3 in order to buttress his submission. Section 223 of the Code heads ‘what persons may be charged jointly’. Particular reliance has been placed on Section 223 d of the Code which reads as under:- “(a)……….. (b) …………. ( c)……….. (d) persons accused of different offences committed in the course of the same transaction;” Learned counsel for the State on the other hand does not dispute the submission advanced on behalf of the petitioner. It is fairly submitted that the two cases prima facie arise out of the same occurrence. Petitioner is facing accusations and thus being tried in both the cases but in different Sessions Division. Having considered the submissions advanced on behalf of the parties and after perusing the materials available on record, this Court is inclined to allow the prayer of the petitioner. In regard to one occurrence petitioner is facing two trials but in two different Sessions Division. It would be expedient to direct for transfer of the criminal proceeding arising out of Dawath P.S. case no. 59 of 2008 to any Court of competent jurisdiction within the Session Division of Bhojpur at Ara where the trial is at an advance stage as the matter is fixed for framing of charge. Consequently the Sessions Judge, Rohtas at Sasaram is directed to transfer the entire records of criminal proceeding arising out of Dawath P.S. Case no. 59 of 2008 to the Sessions Judge, Bhojpur at Ara within 04 weeks from the date of 4 receipt/production of a copy of this order. Learned Sessions Judge, Bhojpur at Ara shall assign the case to any Court of competent jurisdiction for trial. Petitioner is permitted to produce a copy of this order with an appropriate application before the learned Sessions Judge Rohtas at Sasaram within 03 weeks from today. Application is allowed in aforesaid terms. Sym ( Kishore K. Mandal, J.)