KAILASH NATH Vs. STATE

JUDGEMENT

(1.) This application has been presented in this Court on behalf of Shri Kailash Nath under section 528, Criminal Procedure Code ., praying for the transfer of the case from the Court of Shri J. N. Verma, Additional Sessions Judge, to some other competent Court.

(2.) It is unnecessary to go into the details of the facts and, circumstances giving rise to the controversy. Suffice it to say that Shri D. N. Kaul and Smt. Kaul started proceedings against the petitioner under section 406, Indian Penal Code . and the petitioner filed a complaint against Smt. Tuisi Kaul and Shri D. N. Kaul in the Court of Shri H. L. Sikka, Sub Divisional Magistrate, under section 420 Indian Penal Code . On 19/3/1968 Shri Sikka convicted the petitioner under section 406, Indian Penal Code . and sentenced him to rigorous imprisonment for one year. The same learned Magistrate dismissed the petitioner's complaint under section 420 Indian Penal Code . The petitioner preferred an appeal against his conviction and a revision from the order dismissing his complaint and both the cases were heard by Shri J. N. Verma, Additional Sessions Judge on 25/7/1968 and they were adjourned r orders to 31/7/1968. Thereafter three or four adjournments were granted by the Court for pronouncing orders.

(3.) It is averred in this application for transfer that arguments in the revision petition against the dismissal of the petitioner's complaint under section 420, Indian Penal Code ., were heard; without the judicial record being before the learned Additional Sessions Judge and. this fact became known to the petitioner only on 31/7/1968 when the Court below recorded the following order:--