Ravindra Singh - (1.) HEARD Sri M. P. Yadav, learned counsel for the applicant, Sri D. R. Chaudhary, learned Government Advocate and Sri Sangam Lal Kesarwani, learned A.G.A. for the State of U. P. and O. P. Nos. 4 and 5.
(2.) THIS application has been filed by the applicant with a prayer that a suitable direction may be issued to learned Additional Session Judge/F.T.C. No. 1, Jaunpur and learned C.J.M., Jaunpur for passing an appropriate order granting transit remand to the police of Police Station, Malad, district Mumbai (Maharashtra) in Case Crime No. 17 of 2008 under Section 302/34, I.P.C. It is contended by learned counsel for the applicant, Sri D. R. Chaudhary, learned Government Advocate and Sri Sangam Lal Kesarwani that 'B' warrant in above mentioned case has been served upon the accused O. P. Nos. 2 and 3 in District Jail, Jaunpur. The accused O. P. Nos. 2 and 3 are facing the trial of S. T. No. 522 (13) of 2003 which is pending in the Court of learned Additional Session Judge/F.T.C. No. 1, Jaunpur. The O. P. Nos. 2 and 3 are accused in Case Crime No. 17 of 2008 under Section 302/34, I.P.C., P. S. Malad, Mumbai, therefore, the learned A.C.J.M., 24 Court, Borivali, Mumbai made a request to learned C.J.M., Jaunpur to hand over the above mentioned accused to police of P. S. Malad for the purpose of inquiry and investigation in Case Crime No. 17 of 2008. In respect of the same the application was moved in the Court of learned C.J.M., Jaunpur by Prakash Ganga Ram Bose, Sub-Inspector of Police, P. S. Malad, district Mumbai on which the learned C.J.M. passed the order directing the Superintendent of the Police for making the compliance of the warrant but subsequently the O. P. No. 2 has moved an application in the Court of learned Additional Session Judge/ F.T.C. No. 1, Jaunpur praying therein that he has been falsely implicated in Case Crime No. 17 of 2008 under Section 302/34, I.P.C., P. S. Malad, district Mumbai, he may not be handed over to police of P. S. Malad till the conclusion of the proceeding of S. T. No. 522 (13) of 2003 on which the learned trial court has passed the order that the above mentioned bail applications shall be considered after conclusion of the trial. In case the applicant is not handed over to the police of P. S. Malad in Case Crime No. 17 of 2008 the investigation of the above mentioned case shall be badly affected because some necessary disclosures are required to be made by the accused O.P. Nos. 2 and 3 for the purpose of discovery of the articles etc., therefore, a suitable direction may be issued to learned Additional Session Judge/F.T.C. No.1, Jaunpur and learned C.J.M., Jaunpur to grant the transit remand in respect of O. P. Nos. 2 and 3 who are detained in District Jail. Considering the submission made by learned counsel for the applicant, learned Government Advocate and learned A.G.A. and from the perusal of the record it appears that for the purpose of fair investigation and trial of Case Crime No. 17 of 2008 it is necessary that the O. P. Nos. 2 and 3 may be handed over to the police of P. S. Malad, district Mumbai for a particular period, the O. P. Nos. 2 and 3 are facing the proceeding of S. T. No. 522 (13) of 2003 which are pending in the court of learned F.T.C. No. 1, Jaunpur, their presence in the above mentioned case is also required. In such circumstances it is directed to learned Additional Sessions Judge/ F.T.C. No. 1, Jaunpur and learned C.J.M., Jaunpur shall pass an appropriate order granting the transit remand to O. P. Nos. 2 and 3 for a particular period on furnishing an undertaking from the Investigating Officer or Officer in-charge of P. S. Malad, district Mumbai that O. P. Nos. 2 and 3 shall be sent back to District Jail, Jaunpur after expiry of period of transit remand. With this direction this application is finally disposed of.;