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1987 DIGILAW 909 (SC)

Virendra Kumar Walia v. State of Maharashtra

1987-10-13

G.L.OZA, SABYASACHI MUKHARJI

body1987
ORDER : 1. This is an application for transfer of the criminal proceeding under section 406 Criminal Procedure Code based on allegation filed under section 420 I.P.C. Having regard to the facts and circumstances of the case and having regard to the alleged apprehension in the mind of the petitioner, we do not think it proper to transfer this prosecution pending before the court of Metropolitan Magistrate, 17th Court, Mazagaon in the State of Maharashtra. It is, however, recorded that the Public Prosecutor and not the Special Prosecutor, who had been appointed previously, will conduct this case. Secondly, it is desirable that the case should be heard as expeditiously as possible. Having regard to the health condition of the petitioner, the petitioner should not be made to go on occasions more than absolutely necessary. With these directions this application for transfer is dismissed. The petitioner will be at liberty to apply for exemption before the trial court and having regard to the facts and circumstances of the case the court will dispose of the application taking over all view of the situation and also taking into consideration the statements made in the affidavit in opposition by the respondent.