SUSHIL SHARMA Vs. STATE

JUDGEMENT

(1.) The petitioner who is facing trial for an offence under Section 302/201/212/34 Indian Penal Code in case FIR No. 466/95, pressently pending in the Court of Shri V.K.Jain, Additional Sessions Judge, New Delhi, has come to this Court under Section 407 read with Section 482 of the Code of Criminal Procedure with a prayer to transfer the case to the Court of Shri G.P.Thareja, Addl. District & Sessions Judge, Delhi (presently ported as Additional Rent Control Tribunal, Delhi).

(2.) I have heard learned counsel for the petitioner and learened counsel for the State.

(3.) he petitioner's prayer for the transfer of the case to the Court of Shri G.P.Thareja is mainly on the ground that the case against him is complicated involving enormous evidence most of which has .already been recorded by Shri G.P.Thareja in his own hand writing, It is submitted that Shri G.P.Thareja has been liberally putting Court questions to the witnesses, exercising discretion under Section 311 Criminal Procedure Code. and making directions and observations in regard to the production of records by the prosecution. He has been,recording and noticing the demeanour of the witnesses and as.;such prejudice is bound to result, in the appreciation of evidence, if he is not to decide this case. It is pointed out that out of 105 prosecution witnesses, prosecution has given up about 20 Public Witnesss and the remaining witnesses including; Public Witness 85 Investigating Officer of the case had been cross examined on behalf of. the accused petitioner ,by the time Shri G.P Thareja was transferred. The cross examination of Public witness 85 is stated to be continuing. It is submitted that Shri G.P.Thareja is very much available in Delhi 'and the administrative orders of the High Court which have resulted in transferring the petitioner's case from his Court are in conflict with the principles of'fair trial and Justice. Referring to various precedents it is prayed that the case against the petitioner be made over to Shri G.P.Thareja for trial and disposal.