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2016 Supreme(Online)(Raj) 44


IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR --------------------------------------------------------------
CRIMINAL WRITS (CRLW) NO. 31 OF 2016 State of Rajasthan through the Principal Secretary, Home Department, Secretariat, Jaipur ….Petitioner VERSUS Manjeet Singh S/o Sh. Hukam Singh, by caste Rawna Rajput, Resident of Savrad, District Nagaur ...Respondent Date of Order :: October 6, 2016 HON'BLE MR. P.K. LOHRA, J.
Dr. P.S. BHATI, Additional Advocate General with Mr.
SAJJAN SINGH, Mr. NARENDRA GEHLOT and Mr.
MUKESH RAWAL, for the Petitioner.
Mr. R.K. CHARAN, for the respondent..
Mr. SAMBHOO SINGH, for applicant Mahaveer Singh.
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR --------------------------------------------------------------
CRIMINAL WRITS (CRLW) NO. 31 OF 2016 State of Rajasthan through the Principal Secretary, Home Department, Secretariat, Jaipur ….Petitioner VERSUS Manjeet Singh S/o Sh. Hukam Singh, by caste Rawna Rajput, Resident of Savrad, District Nagaur ...Respondent Date of Order :: October 6, 2016 HON'BLE MR. P.K. LOHRA, J.
Dr. P.S. BHATI, Additional Advocate General with Mr.
SAJJAN SINGH, Mr. NARENDRA GEHLOT and Mr.
MUKESH RAWAL, for the Petitioner.
Mr. R.K. CHARAN, for the respondent..
Mr. SAMBHOO SINGH, for applicant Mahaveer Singh.

Advocates:
['DR PS BHATI', 'MUKESH RAWALMUKESH RAWAL SAJJAN SINGH RATHORE', 'NARENDRA GEHLOT', 'MUKESH RAWAL', 'RK CHARAN', 'SHAMBHOO SINGH', 'MAHAVEER SINGH']

ORDER

BY THE COURT :

State has preferred this criminal writ petition under Article 226 of the Constitution of India with the aid of Section 482, Code of Criminal Procedure, 1973 (Cr.P.C.) praying therein undermentioned reliefs:

(i) By appropriate writ order or direction the various trials going in five different districts viz. Jhunjhunu, Jaipur, Nagaur, Churu and Bikaner, bearing Case No.50/2001 pending before learned Judicial Magistrate, Navalgarh, Case No.173/2001 pending before learned A.D.J., Didwana, Case No.33/2014 pending before learned A.D.J., Didwana, Case No.24/2011 pending before the learned A.D.J., Sujangarh, Case No.61/2011, pending before the learned A.D.J., Sujangarh and Case No.41/2014 pending before the learned A.D.J. No.3, Bikaner may be transferred to TADA Court, Ajmer.

(ii) By appropriate writ, order or directions the trials of all such Hardcore Criminals like Manjeet Singh and others who are presently lodged at High-Security Central Jail, Ajmer which are pending at different trial courts and whose transportation to the trial courts are full of risk and dangerous to the public at large and police officials may kindly be ordered to be transferred at TADA Court, Ajmer.

(iii) Any other appropriate order or direction which this Hon’ble Court deems fit and proper may kindly be passed in favour of the Petitioner.

The relief craved for vis-à-vis Sessions Case No.61/2011, earlier pending before Addl. District & Sessions Judge, Sujangarh, District Churu, is abandoned by the petitioner after its decision and desired relief is confined to remaining five cases pending against the respondent before subordinate Courts at five districts.

In order to substantiate and authenticate its case for seeking indulgence of the Court, the petitioner State has projected special and extraordinary circumstances which the security agencies are encountering in transit and safety of respondent - hardened criminal to ensure his presence during trial in all these pending cases before various subordinate Courts. A fact significant to show genuine concern of the State for safety and security of general public in transit when respondent is taken from one place to another to attend Court proceedings is also highlighted. State has also vouched to assert with full emphasis that besides security concerns taking respondent from one place to another on the appointed date of hearing in respective criminal case is heavily costing exchequer not only in pecuniary terms but deployment of the State resources. Safety of the police sleuths and other officials in this regard also find mention in the pleadings to strengthen case of the State for achieving cherished mission.

While referring to dubious credentials of the respondent, an alleged hardened criminal, State has harped on his close proximity with dreaded criminal, now a fugitive Anand Pal Singh. [Entire police force and State administration has miserably failed to apprehend Anand Pal Singh since last so many months.] Petitioner has stated that respondent Manjit Singh, a sibling of Anand Pal Singh, is running a criminal gang operating in various parts of State. Buttressing with full vehemence nefarious designs and criminal activities of Anand Pal Singh, State has pleaded that he is involved in grave and serious offences like murder, extortion, blackmailing and robbery etc. Reflection of the general perception of the petitioner portrays fugitive Anand Pal Singh, a potential threat to the society at large.

Facts, showing the relevant circumstances, under which Anand Pal Singh succeeded in dodging police to escape from the custody, are highlighted in the petition by the State for granting relief. As per petitioner, Anand Pal Singh absconded from police custody in transit when his gang attacked police convoy and overpowered them. Petitioner State has also made an attempt to show close proximity of Anand Pal Singh and his gang with many followers all over the western part of Rajasthan. Sympathy of followers is also

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