Brief Facts
- The transfer application was filed to transfer the sessions case pending before learned Additional Sessions Judge No.2, Hindaun City, District Karauli to the Court of Learned Additional Sessions Judge, Bayana, District Bharatpur.
- The Petitioner contended that due to the influence of a local politician and the MLA named in the petition the charge under the offense was converted from Section 304B IPC to Section 306 IPC. The Investigating Agency also adopted a slack investigative approach and left material deficiencies, allowing the accused to avoid prosecution. It is alleged that the respondents were successful in getting the default bail from the trial court while a bail application was pending before the High Court.
- Furthermore, the transfer to Bayana, District Bharatpur, or any other location was sought because the petitioner had a legitimate fear that he would not receive justice due to the influence of politicians and other authorities.
Issues
- Whether a case can be transferred on the ground of use of political influence or negligence during investigation?
Held
- The transfer petition was allowed and the trial was transferred from the court of ASJ No. 2 Hindaun City to Ld. Sessions Judge, Bharatpur.
- The bail application of both respondents were pending before this Court and during pendency of aforesaid bail applications without giving opportunity of hearing to complainant, default bail, treating offence under Section 306 IPC, was granted under Section 167(2) of Cr.P.C. Aforesaid procedure clearly indicates that at one point of time respondents availed option to approach higher court and at the same time, the trial court has not served any notice to the complainant.
- When we consider, the fact of the matter when the bail applications under Section 439 Cr.P.C. was pending before this Court then an application after sixty days of arrest was made before learned trial court wherein pendency of bail application before this Court was not disclosed which indicate foul play either by police in connivance with respondents or respondents with other stakeholders of system. It appears that the case diary was also called under the orders of this Court, meaning thereby time period for investigation of 60 days was reduced and it facilitated respondents to secure default bail under Section 167(2) of Cr.P.C. Moreover, during investigation the charge offence was converted from 304-B to 306 IPC.
- Having considered the entirety of facts and circumstances and also the fact that the specific name was mentioned regarding political influence during investigation though, use of political influence or negligence during investigation by district police is required to be investigated by the DGP but the fact of the matter remains that respondents got bail from trial court when the bail applications of both respondent nos. 2 and 3 were pending before this Court.
Relevant Para No.
9, 11, 12