DEEPAK MAHESHWARI,J. - (1.) This criminal transfer application has been preferred on behalf of complainant Ram Prasad praying that Criminal Case No. 99/2015, State v. Pappulal and Ors. . pending before the Court of Metropolitan Magistrate No.(7) Jaipur Metropolitan, may kindly be ordered to be committed to the Court of Special Judge NDPS cases Jaipur Metropolitan to be trial along with Sessions Case No. 30/2016 State v. Ram Prasad and Ors. . No reply to this application has been filed on behalf of accused-respondents.
(2.) Learned counsel for the petitioner submits that Criminal Case No. 99/2015, State v. Pappulal and Ors. . and Sessions Case No. 30/2016, State v. Ram Prasad and Ors. ., have arisen out of the same incident and therefore they are cross cases. He has mentioned that the complainant moved an application under the provisions of Section 323 Cr.P.C., 1973 before Metropolitan Magistrate No. 7 to commit the case to the NDPS Court Jaipur Metropolitan where case No. 30/2015 was pending. The application was rejected by Metropolitan Magistrate No. 7 vide order dated 29.04.2017. An application was moved before learned Sessions Judge also which was later on withdrawn. Hence, this application has been moved under the provisions of Section 407 Cr.P.C., 1973 before this Court to seek the order to get the case committed for trial to NDPS Court.
(3.) Learned counsel for the accused-respondent has opposed the prayer. While referring to the order-sheet dated 27.04.2017 drawn by learned NDPS Judge, he has stated that the case is pending at the advanced stage for recording statements of accused under Section 313 Cr.P.C., 1973 On the contrary the case pending before Metropolitan Magistrate No. 7. is at the initial stage of recording prosecution evidence. He submits that this transfer petition has been moved simply to delay the proceedings of the case. If the case is ordered to be committed it will cause unnecessary delay.;