[1.0] Present Criminal Miscellaneous Application under Section 407 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “CrPC”) has been preferred by the applicants herein – original accused to quash and set aside the original accused for transfer of Criminal Case No.2629/2007 pending before the learned Chief Judicial Magistrate, Junagadh to any other competent criminal Court of Rajkot District. [2.0] Having heard Shri Majmudar, learned advocate appearing on behalf of the applicants – original accused and Shri Hashim Qureshi, learned advocate appearing on behalf of respondent No.2 – original complainant and considering the averments and allegations in the present application, it appears that the applicants have sought to transfer the proceedings from the Court at Junagadh solely on the ground that in other cases filed by respondent No.2, who is the practicing lawyer, a resolution has been passed by the Bar Association, Junagadh that no advocate shall appear in the proceedings against respondent No.2 or initiated by the accused. However, it is required to be noted that as such the applicants have already engaged the lawyer from the Dhoraji Court which is only 25 kms away from Junagadh. As such there are no further allegations. Therefore, when the applicants are already represented through another advocate from Dhoraji, which is only 25 kms away from Junagadh, no case is made out to transfer the proceedings from Junagadh. However, if the applicants have any other cause for transfer, they may approach the concerned Sessions Court either for transfer of the case from Junagadh Court to any other Court within the Junagadh District and/or before this Court for transfer of the case from Junagadh District to another District and as and when such proceedings are initiated and appropriate case is made out, the same can be considered in accordance with law and on merits.
[3.0] Under the circumstances, with above liberty, the present application is dismissed. Rule is discharged. Adinterim relief granted earlier stands vacated forthwith. It goes without saying that the trial Court shall always conduct the trial in accordance with law and on merits without considering who is the party before it.
(M.R. Shah, J.) menon