H M CHANDREGOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) GOVERNMENT Pleader Sri. G. Bhavani Singh is directed to take notice.

(2.) HEARD the counsel for the petitioner and Government Pleader.

(3.) THE petitioner is seeking transfer of S. C. No. 37/99 on the file of the Sessions Judge, Chikmagalur to the Principal District Judge, Mandya, under Section 407 of the Code of Criminal Procedure, 1973 (for short "the Code") on the ground that the entire evidence has been recorded by the Principal District and Sessions Judge, Chikmagalur and before the statements of accused under Section 313, Cr. P. C. , could be recorded, the learned Judge has been transferred to Mandya. In order to enable the Judge to appreciate the evidence recorded by him and as also to observe the demeanour of the witness, it is necessary that the case should be transferred from the Sessions Court, Chikmagalur to Sessions Court, Mandya. The petitioners submit that the Judge who is under orders of transfer is not inclined to dispose of the matter. Hence, it is expedient and necessary that the case be transferred to the District and Sessions Court, Mandya for disposal in accordance with law. In support of this contention, the petitioner has relied upon two decisions of this Court reported in ILR (1978) 2 Kant 1398 : (1978 Cri LJ NOC 271) (State v. Sampangi Reddy) and unreported decision in Cri P. No. 420/99 (Putta Sidda v. State of Karnataka) disposed of on 15-2-1999.