BANGARU LAXMAN Vs. STATE

JUDGEMENT

(1.) By this petition under Section 397/201 of Cr. P.C., the petitioner has assailed an order dated 17th July, 2006, passed by the Special Judge granting pardon to respondent No. 2 namely T. Satyamurthy on an application made by the CBI during trial. The contention raised by the petitioner is that learned Special Judge passed a detailed order at the time of granting pardon to the petitioner and the order reflects mind of the Judge and the same Judge should not hold trial because the trial against the petitioner would be prejudiced.

(2.) This petition was filed in the year 2006. The Special Judge who passed the order on application of CBI later got elevated to High Court. There is no question of her holding trial.

(3.) This petition is a gross misuse of judicial process and the petition is liable to be dismissed. It is dismissed accordingly.