CHANDER PRAKASH Vs. STATE

JUDGEMENT

(1.) By this petition under Section 407 of the Code of Criminal Procedure, the petitioner has prayed for transfer of sessions case State v.Chander Prakash & Others relating to FIR377/93, PS Paschim Vihar, u/Secs. 498- A/304-B/34 Indian Penal Code from the Court of Shri G.D. Dhanuka, Additional Sessions Judge to the Court of Shri Dinesh Dayal, Special Judge.

(2.) It appears that the aforesaid sessions trial was allocated to a Court of Additional Sessions Judge presided over by Shri Dinesh Dayal who after framing charges recorded statements of three witnesses. It is the case of the petitioner that Shri Dinesh Dayal has been transferred from that Court of Additional Sessions Judge to another Court of Special Judge in the same division. The prayer for transfer is on two grounds - firstly, that the case being part heard of the Additional Sessions Judge Shri Dinesh Dayal it has to be concluded by him, and secondly, that since three out of four material witnesses have been examined by him, it will be in the interest of justice that trial should be concluded by him alone because he is well acquainted with the case and that he has seen the demeanour of the witnesses examined.

(3.) This petition has been vehemently opposed by the State. It is said that there are 24 witnesses in the case and yet 21 witnesses are to be examined.