PRAMOD KUMAR Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard learned Counsel for the parties. Leave granted.

(2.) By the impugned order the High Court has transferred the Sessions Case No. 227 of 1999 pending in the Court of Sessions Judge. Bijnor to the Court of Sessions Judge at muzaffarnagar on the ground that the learned sessions Judge was showing undue haste in disposal of the Sessions case and that has created bona fide apprehension in the mind of the petitioner that no justice would be done to them. In our view the impugned order passed by the High Court, on the face of it is illegal. Normally the sessions cae are required to be heard on day to day basis and there is no question of granting repeated adjournments. This court has repeatedly pointed out that the Court should strictly follows Section 309 of the Code of Criminal Procedure and Sessions case should be disposed of as early as possible. Therefore. not adjourning the Sessions trial on repeated request by the accused would hardly be a ground for having any apprehension in the mind that the accused would not get justice. In this view of the matter the impugned order passed by the High Court is set aside and the trial Court is directed to proceed with the matter expeditiously. Appeal stands disposed of accordingly. Appeal allowed.