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1988 DIGILAW 387 (BOM)

Pradeep S/o Anandilal Zanzar v. State of Maharashtra & others

1988-11-25

H.D.PATEL

body1988
JUDGMENT - H.D. PATEL, J.:---This Criminal revision is directed against the order dated 5-9-1988 passed by the Sessions Judge, Amravati in Misc. Criminal Application No. 539 of 1988, by which Criminal Case No. 112 of 1988 and 113 of 1988 pending on the file of the 2nd Joint Civil Judge, (Junior Division) and Judicial Magistrate, First Class, Amravati, are ordered to be transferred to the file of the 4th Joint Civil Judge (Junior Division) and Judicial Magistrate, First Class, Amravati. 2. The respondent Nos. 2 and 3 are accused in Criminal Case No. 112 of 1988, whereas the applicant is an accused in Criminal Case No. 113 of 1988. Both the cases arise out of the same incident. Some evidence was recorded in either of the cases by the 8th Joint Civil Judge (Junior Division) and Judicial Magistrate, First Class, Amravati. Due to transfer of Judges, the Presiding Officer functioning as 8th Joint Civil Judge (Junior Division) and Judicial Magistrate, First Class, Amravati, came to be designated as the 4th Joint Civil Judge (Junior Division) and Judicial Magistrate, First Class, Amravati. On account this several cases were also transferred and the two cases referred to above came to be transferred to the file of 2nd Joint Civil Judge (Junior Division) and Judicial Magistrate, First Class, Amravati. The respondents hence moved an application for transfer of the two cases to the 4th Joint Civil Judge (Junior Division) and Judicial Magistrate, First Class, Amravati who had recorded part of the evidence while functioning as 8th Joint Civil Judge (Junior Division) and Judicial Magistrate, First Class, Amravati. 3. This request was opposed by the applicant firstly on the ground that there was delay of 2 or 3 months in moving the Court and secondly there was no necessity to transfer the cases in view of the provisions of section 326 of the Code of Criminal Procedure. A third contention was also raised that there would be delay in disposal of the cases because the 4th Joint Civil Judge (Junior Division) and Judicial Magistrate, First Class also attends Morshi Court as a link Court for about 15 days in a month. 4. The third Sessions Judge rejected all the contentions and allowed the application filed by the respondent Nos. 2 and 3 vide his order impugned in this revision. 4. The third Sessions Judge rejected all the contentions and allowed the application filed by the respondent Nos. 2 and 3 vide his order impugned in this revision. It may be mentioned here that the ground relating to the link Court no longer survives and hence it was not pressed. 5. The learned Sessions Judge found that in both the aforesaid cases the evidence of the complainant stands recorded and in one of the cases the evidence of one more witness was also recorded by the Presiding Officer. Hence it would be appropriate for the very Court, which recorded part of the evidence, to dispose of either of the criminal cases Since the 8th Joint Civil Judge (Junior Division) and Judicial Magistrate, First Class, Amravati, who had recorded part of the evidence is transferred and desigated as 4th Joint Civil Judge (Junior Division) and Judicial Magistrate, First Class, Amravati, it would be in the interest of Justice that the cases be disposed of by the same Judge. I see nothing wrong in the order passed with the learned Sessions Judge. In my opinion, also it would be appropriate for the very same Judge, who had recorded part of the evidence, to decide the cases. I find no reason to invoke the inherent jurisdiction of this Court under section 482 of the Code of Criminal Procedure for interfering with the impugned order. 6. In the result, there is no substance in this revision application and it is accordingly rejected. Revision application rejected. -----