MANGAL MANIKPURI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This application under Sec. 407 of the Cr.P.C. has been preferred against the order dtd. 8/11/2016 passed by the Sessions Judge, Bilaspur, as also for transfer of S.T. No.64/2015 from the Court of 9th Additional Sessions Judge, Bilaspur to any other Court of competent jurisdiction.

(2.) The applicant is an accused for committing offence under Ss. 302 and 201 read with Sec. 34 of IPC and is facing trial in the Court of 9th Additional Sessions Judge, Bilaspur presided by Shri Rajeev Kumar in S.T. No. 64/2015.

(3.) The transfer of the case has been sought on the ground that the prosecution moved an application under Sec. 321 of the Cr.P.C. to withdraw the prosecution, which was dismissed by the trial Court on 30/8/2016 and the case was posted on 2/9/2016 for arguments on charge, however, the arguments on charge did not materialize and the matter was adjourned to 9/9/2016. On the said date, the applicant moved an application for exemption from personal appearance, which was allowed and the case was posted on 21/9/2016. The applicant again moved an application for exemption on 21/9/2016, which was allowed and thereafter it was posted on 27/9/2016. The petitioner again moved an application for exemption from personal appearance, which was dismissed on the ground that the applicant is trying to avoid the hearing and orders on framing of charge. Resultantly, the bail granted to the applicant was cancelled and non-bailable warrant of arrest was issued against him.