NIRMAL CHAND KOTHARI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This is an application for transfer of the criminal trial bearing No.199/2006, State of C.G. Vs. Nirmal Chand Kothari and another which is pending before C.J.M. Rajnandgaon.

(2.) The brief facts of the case is that non-applicant No.2, Jitendra Vaishnav is a practicing lawyer at Rajnandgaon court. As a member of District Bar Association, Rajnandgaon he lodged a complaint at Kotwali Police Station, Rajnandgaon against the present applicants and on that report the crime was registered under Section 294 and 506 read with Section 34 of IPC against the petitioner. After the investigation by the Police a charge sheet was filed on 25/07/2006 before the Chief Judicial Magistrate of Rajnandgaon under Section 294 & 506 of IPC. It is submission of the applicants that before submission of such charge sheet and during the course of investigation a meeting was convened by the Bar Association Rajnandgaon which was steered at the behest of non-applicant No.3 and on that meeting a resolution was passed by Bar Association that no member of the Bar Association Rajnandgaon will defend the applicants in the criminal case for which report was made.

(3.) He further submits and invited the attention of the court to order sheet dated 10/08/2006 and tried to demonstrate the conduct of the applicants was not above suspicion and went through the order sheet so as to demonstrate that the learned trial court has also observed that the way the applicants behaved before the trial court it purports that the clerk of the court had written the bail bond were accepted though it was not actually done. For this the clerk was given a warning by the court.