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1997 DIGILAW 21 (RAJ)

Satya Narain v. State of Rajasthan

1997-01-06

A.S.GODARA

body1997
JUDGMENT 1. - Both these transfer applications have been moved by the convict-appellant, presently, petitioner before this Court, respectively in Cr. Appeals Nos. 61/96 and 62/96 filed by the petitioner, who has been, after regular trial in both the criminal cases in the Court of Chief Judicial Magistrate, Churu, convicted under various offences. 2. It is contended by the learned counsel that initially both the appeals were filed in the Court of learned Sessions Judge, Churu who, subsequently, transferred both the appeals to the Court of Addl. Sessions Judge, Churu. Subsequently, on creation of separate Court of Addl. Sessions Judge, Rajgarh (Distt. Churu), both the appeals, without considering convenience of the petitioner as well as his knowledge, stand transferred to the Court of Addl. Sessions Judge, Rajgarh whereat both the appeals are presently pending. Therefore, it has been contended by the learned counsel for the petitioner in both the petitions that the petitioner is, presently, residing at Sujangarh. Besides, he has engaged one Shri C.L. Soni, Advocate who is practicing at Ratangarh, who used to appear on behalf of the appellant in both the appeals in the Churu Court. However, since both the appeals stand transferred to the Court of Addl. Sessions Judge, Rajgarh, Shri Soni has expressed his inability to go to Rajgarh to attend only two appeals of the appellant. The petitioner is not in a position to bear the financial burden of engaging another Advocate of Rajgarh and, therefore, looking to the convenience and consequential hardship otherwise faced by him, in case both the appeals are kept pending in the Court at Rajgarh, it is prayed that both the appeals be either transferred to the Court of Addl. Sessions Judge, Churu or more conveniently to the Court of Addl. Sessions Judge, Ratangarh whereat the counsel of the appellant is practicing. 3. After hearing the learned counsel for the petitioner as well as the learned Public Prosecutor for the State, having regard to the totality of the facts and circumstances, since both the appeals were transferred pursuant to an administrative order of the learned Sessions Judge, Churn, after their transfere from the Court of Addl. Sessions Judge, Churn, to the Court of Addl. Sessions Judge, Churn, to the Court of Addl. Sessions Judge at Rajgarh, since there is also a Court of the corresponding competent jurisdiction at Ratangarh, it would be in the interest of fairness and justice that both the appeals be transferred from the Court of Add 1. Sessions Judge, Rajgarh to the Court of Addl. Sessions Judge at Ratangarh. 4. As a result, both the petitions are accepted and it is ordered that both the appeals, referred to above, be withdrawn from the Court of Addl. Sess;ens Judge, Rajgarh and be further transferred to the Court of Addl. Sessions Judge, Ratangarh for disposal according to law. 5. The petitioner is further notified to be present before the Court of Addl. Sessions Judge, Ratangarh on 2.2.1997. The Presiding Officer of the transferee Court is further directed that both the appeals should be accorded possible priority for their early disposal. 6. A copy of this order sent to the Courts of Addl. Sessions Judges, Rajgarh and Ratangarh immediately.Petition allowed. *******