1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. ORDER S.K. Kaushish Vs. State of Rajasthan SB CRIMINAL TRANSFER APPLICATION NO.27/2008. Under Section 407 of the Code of Criminal Procedure. DATE OF ORDER: 10th February, 2009. PRESENT HON'BLE MR. JUSTICE S.P. PATHAK Mr. Mahesh Gupta for the applicant. Mr. Tej Prakash Sharma for the State. BY THE COURT: This criminal transfer application under section 407 of the Code of Criminal Procedure has been filed seeking transfer of the case no.37/2008 (State Vs. Sandeep Kumar Kaushish) from the court of Special Judge, Printing & Stationary Embezzlement Cases, Rajasthan, Jaipur to the court of learned Special Judge, CBI Cases, Jaipur. Briefly stated the facts for the disposal of this transfer application are that on 16.01.2001, the Vigilance Department, State Bank of Bikaner & Jaipur lodged a complaint to the Superintendent of Police, Central Bureau of Investigation, Jaipur. On the basis of above complaint, the Superintendent of Police, CBI, Jaipur registered FIR No.RC/JA/2001(A)/0003 under sections 120-B, 420, 471 and 477(A) IPC read with Section 13(2) read with Section 13(1)(d) of Prevention of Corruption Act, 1988. The 2 grievance of the petitioner is that in relation to the allegations three different charge-sheets were filed in the court of Special Judge, CBI Cases, Jaipur. In two cases charge-sheets were filed on 2.7.2003 bearing no.7/2003 and 8/2003 and in third case charge- sheet was filed on 16.12.2003 and the case was registered in the year 2004 being no.8/2004. The grievance is that the High Court transferred some cases registered in the year 2004 to 2007 to the court of learned Special Judge, Printing & Stationary Embezzlement Cases, Rajasthan, Jaipur under its administrative order no. Judl./TD/05/081 dated 31.05.2008 and since all the cases had arisen from one FIR and nature and facts of the cases are same, therefore, all the cases are required to be tried by one court. Notice of the application was issued to the State through special public prosecutor, CBI, Jaipur. No reply to the application has been filed. On the request of learned counsel for the parties, the matter has been heard. Factual aspect of the matter has not been disputed before me that in relation to FIR referred to here-in-above three charge-sheets were filed and now the cases are pending in different courts where similar allegations are there and witnesses are also similar, therefore, I deem it proper to allow the transfer application under section 407(c) Cr.P.C. 3 Accordingly, the transfer application is allowed and it is hereby ordered that case no.37/2008 (State Vs. Sandeep Kumar Kaushish) stands transferred from the court of learned Special Judge, Printing & Stationary Embezzlement, Rajasthan, Jaipur to the court of learned Special Judge, CBI cases, Jaipur to try and decide the case in accordance with law. (S.P. PATHAK),J.