MOHAMMAD AZAMATHULLA ALIAS AZZU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS petition is filed under Section 482 of Cr. P. C. , challenging the order of this Court made on administration side at Annexure-A, exercising powers under Section 407 of Cr. P. C. , transferred the Sessions Cases from the files of City Civil and Sessions Judge, Bangalore to the files of Fast Track Courts under the notification in question.

(2.) THE case relating to the petitioners is transferred to Fast Track Court-I, for disposal in accordance with law. According to these petitioners, on earlier occasion after commencement of the trial, the Sessions case in question was transferred to IXth Addl. Sessions Judge to Fast Track Court-I, by the Prl. City Civil and Sessions Judge. This Court in Cri. P. No. 929/01, set aside the order of transfer and restored to the file of IX Addl. Sessions Judge, for disposal on the ground that under Section 409, Cr. P. C. , the Sessions Judge has no power to transfer the part heard cases from the file of one Sessions Court to another. Subsequently, the impugned notification at Annexure-A came to be issued directing the transfer of Sessions cases again to Fast Track Court-I. At the time of impugned notification, recording of evidence in this case is completed and the case is at the stage of recording statement of accused under Section 313, Cr. P. C. It is the grievance of the petitioner that, although the case was transferred to the file of Fast Track Court-I and even after lapse of 3 months, this case has not been disposed of.

(3.) SRI. V. Y. Kumar, HCGP, takes notice for the State.