Umesh Singh S/o Bhopal Singh v. State of Rajasthan
2004-09-09
H.R.PANWAR
body2004
DigiLaw.ai
JUDGMENT 1. - By this criminal transfer petition under section 407 r/w Section 482 Cr.P.C., the petitioner seeks transfer of sessions case No. 114/2002 (36/96) State us. Ghanshyam Singh and two others from the Court of Additional Sessions Judge, Bali to any place. 2. I have heard learned counsel for the petitioner at length. 3. It is contended by the learned counsel for the petitioner that sessions case was committed to Additional Sessions Judge, Bali on 20.9.1996. The petitioner is complainant and respondents No. 2 to 4, who are accused in the case, facing trial for the offences under sections 302, 364 and 120-B Indian Penal Code. On creation of the Court of Additional Sessions Judge (Fast Track) at Bali, the sessions cases of the area were transferred. By order of this Court dated 11.9.2002, as many as 134 Sessions cases were transferred from the Court of Additional Sessions Judge, Bali to the Court of Additional Sessions Judge (Fast Track), Bali. However, subsequently, by order of this Court dated 24.9.2002, some of the cases were retransferred to the Court of Additional Sessions Judge, Bali. The present sessions case is one of them, which was transferred to the Court of Additional Sessions Judge, Bali as the Court of Additional Sessions Judge, Bali was having under work. The grievance of the petitioner-complainant is that sessions case should be transferred back to the Additional Sessions Judge (Fast Track) and be decided by that Court. From the events, it appears that the prosecution has closed its case and the sessions case is posted for recording the statements of accused-respondents under section 313 Criminal Procedure Code This case appears to have chequered history, which is evident from the averments made by the petitioner-complainant in the petition. Certain applications were moved by the petitioner-complainant before the trial Court during the pendency of the case. Sessions case is being conducted through Additional Public Prosecutor. However, counsel appearing for the complainant continues to participate in the sessions case on behalf of the complainant. Since the petitioner-complainant, in para 9(g) of the petition, has stated that there is no grievance against the present trial Judge, therefore, it is not the case of the petitioner-complainant, that a fair and impartial trial before the Additional Sessions Judge, Bali would be seriously impaired.
Since the petitioner-complainant, in para 9(g) of the petition, has stated that there is no grievance against the present trial Judge, therefore, it is not the case of the petitioner-complainant, that a fair and impartial trial before the Additional Sessions Judge, Bali would be seriously impaired. Since the petitioner-complainant has absolutely no grievance against the presiding officer of the Court, therefore, it cannot be said that the public confidence in the fairness of the trial would be seriously undermined if the case is not transferred to any other Court. The petitioner has absolutely no apprehension so far as presiding officer and Court are concerned that he would not get fair or impartial trial. On the contrary, the prosecution has completed its case and closed the evidence, and now the matter is only for statement of the accused under section 313 Criminal Procedure Code No witness at least on behalf of the prosecution is required to be examined. The only point urged by the learned counsel is that since by order of the High Court, the sessions cases were transferred to the Additional Sessions Judge (Fast Track) on creation of the Fast Track Courts. However, subsequently noticing the Court of Additional Sessions Judge, Bali having under work, certain cases have been re-transferred. This is the administrative matter and the petitioner at least must not have any say that which Court should try the case. In the circumstances, therefore, I do not find any ground to transfer the sessions case from the Court of Additional Sessions Judge,'Bali to any other place. 4. Consequently, the transfer petition is wholly misconceived and is hereby dismissed.Transfer Petition dismissed. *******