NILESH RAGHAVJIBHAI BALAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this petition under Articles 226 and 227 of the Constitution of India and section 482 of the Code of Criminal Procedure, 1973 (the Code) the petitioner challenges the order dated 29th October, 2007 passed by the learned Sessions Judge, Amreli whereby Criminal Miscellaneous Application No.74/2007 filed by the petitioner praying for transfer of Sessions Case No.93/06 from the Court of the Second Fast Track Judge, Amreli to any other Court hearing Sessions cases, has been rejected.

(2.) The facts of the case stated briefly are that the petitioner is the original accused No.4 in Criminal Complaint registered as Damnagar Police Station I CR No.28/2006 for the offences punishable under sections 302, 323, 540, 201 and 34 of the Indian Penal Code (IPC). The said offences being solely triable by the Court of Sessions, the learned Magistrate committed the same to the Sessions Court, Amreli where it was registered as Sessions Case No.93/2006. The said case was made over to the 2nd Fast Track Court, Amreli for hearing and final disposal thereof.

(3.) It is the case of the petitioner that the conduct of the learned 2nd Fast Track Judge (hereinafter referred to as the Presiding Officer) during the course of proceedings of the case in question has created an impression in the mind of the petitioner and the other accused that the learned Presiding Officer was not acting impartially and apprehending that they will not get a free and fair trial, the petitioner filed the above referred application before the learned District and Sessions Judge, Amreli praying for transfer of the said case to any other court competent to try the case. By the impugned order dated 29th October, 2007 the learned Sessions Judge rejected the application giving rise to the present petition.