LexGURCHARAN DAS CHADHA versus STATE OF RAJASTHAN
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
678
GURCHARANDASCHADHA
v.
STATE OF RAJASTHAN
November 24, 1965
'
{P. B. GAJENDRAGADKAR, c.r., M. HIDAYATULLAH AND
V . .RAMASWAMI, JJ.J
Code of Criminal Procedure, s. 5!7-Supreme Court's power to trans-
fer caus from one State to anoth-Power whether inconsistent
with
1. 7(2) of the Prevention of Corruption Act, (Act 2 of 1941)-Case
triable before special judge of area
within which offence committed,
1vhether can be transferred outside such area.
'Ihe petitioner was a member of an All India Service serving in the
State of Rajasthan. The State Government ordered his trail before the
Special Judge of Bharatpur under s. 120B/ 161 of the Indian Penal Code
uid s. 5(1) (a)(d) and s. 5(2) of the Prevention of Corruption Act.
He moved the Supreme Court under s. 527 of the Code of Criminal
Procedure praying for the transfer of his case to another Stale on various
grounds. On behalf of the State it was contended that the
Supreme
Court could not exercise its powers under s. 527 of the Code of Criminal
Procedure in the matter because s. 7 ( 1) of the Prevention of Corruption
Act required the offences in question to be tried by a special judge only,
and s. 7(2) of the, Act required the offence to be tried by a Special Judge
for the area within which they were committed which condition could
never be satisfied if there was a transfer.
HELD : (i) The, condition in sub-section (I) of s. 7 of the Preven-
tion of Corruption Act that the case must be tried by special judge is
.a sine qua non for the trial of offences in Section 6. This cvndHion can
be satisfied by transferring the case from one special judge to another
special Judge. [684 BJ
Sub-section (2) of s. 7 merely distributes work between special judges
appointed in a State with reference to territory.
This Provision is on a
•
c
D
par w:th the section of the Code of Criminal Procedure whi~h confer
territorial jurisdiction on Sessions Judges and Magistrates.
An order of
F
transfer by the very nature of things must sometimes result in taking the
.case out of the territory. [685 DJ
(ii) The third sub-section of s. 8 of the, Act preserves the application
·of any provision of the Code of Criminal Procedure if it is not incon-
sistent with the Act save as provided in the first tw.J sub-sections of that
section.
Section 527 of the Code therefore remains applicable, if it is
not inconsistent with s. 7(2) of the Act. There is no inconsistency bet-
·ween s. 527 of the Code and s. 7(2) of the Act because the territorial
jurisdiction created hy the latter operates in a diffe.rent sphere and under
·different circumstances. Inconsistency can only be found if two pro-
visions of law apply in identical circumstances, and create contradictions.
·such a situation does not arise when either this Court or the High Court
-exercises the pQwer of transfer.
Therefore this Couiit in exercise of its
jurisdiction and power under s. 527 of the Code can transfer a case from
a special judge subordinate to one High Court to another special judge
subordinate to another Hii:h Court [ 685 E]
Ramchandra Prasad v. State of Bihar, A.I.R. 1961 S.C. 129, referred
to.
G
H
•
•
•
•
•
G. D. CHADHA v. STATE (Hidayatullah, J.)
6 79
A
(iii) On merits however the petition in the present case could not
succeed. There was nothing in it which would show that there was any
interference direct or indirect
with the
investigation of the
offences
alleged against the petitioner or the trial of the case by the .special judge.
A general feeling that some persons are hostile to the pet1!Ioner 1s n~t
sufficient. The Court has further to see whether the apprehension 1s
reasonable. [686 HJ
·
B
ORIGINAL JuRiSDICTioN: Transfer Petition No. 7 of 1965.
(Under Section 527 of Criminal Procedure Code).
T. R. Bhasin, for the petitioner.
G. c. Kas/iiva/, Advocate-General for the State of Rajasthan,
C K. K. Jain and R. N. Sachthey for the Respondent.
The Judgment of the Court was delivered by
Hidayatullah, J.
This is a petition under s. 527 of the Code
of Criminal Procedure for the transfer of a criminal case (No. 2
D
of 1964--State v. Gurcharan Dass Chadha I.P.S.) which is pend-
ing in the Court of the Special Judge, Bharatpur, Rajasthan to an-
other criminal court of equal or superior jurisdiction subordinate
to a High Court other than the High Court of Rajasthan. The
petitioner is the accused in that case and he is being tried under
ss. 120B/161, Indian PeExcerpt shown. Read the full judgment & AI analysis in Lexace.