PAL SINGH Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Leave granted.

(3.) By the impugned order the High Court of Uttaranchal has transferred Sessions Case No. 87 of 2000 titled CBI V/s. Tej Pal Bhatti which was pending in the Sessions Court, Ghaziabad, U.P. without even noticing whether the said High Court had any jurisdiction to make inter-State transfer. This ground alone would suffice to set aside the impugned order. That apart we have been informed that in the said trial about 40 witnesses have already been examined and about 15 more witnesses are left to be examined. Hence, trial is at the final stage. In the said view of the matter, we allow this appeal and set aside the impugned order of transferring the said case from the Court of Sessions Judge, Ghaziabad to the Court of Sessions Judge, Dehradun, U.P. If after transfer the records are received by the transferee court the said court forthwith retransfer the papers to the Court of Sessions Judge, Ghaziabad. On the receipt of the same, or if the papers have not already been transferred, the Court of Sessions Judge, Dehradun shall proceed to complete the trial in Case No. 87 of 2000 titled CBI V/s. Tej Pal Bhatti expeditiously.