UMESH MULCHANDRAI CHHATRAPATI Vs. PROF HATHISING SURAJMAL JAIN

JUDGEMENT

(1.) A few facts necessary to appreciate the points which arise in this application may be set out in brief:-

(2.) By an application Ex. 49 the petitioner had applied before the learned Magistrate to transfer the said Criminal case against the opponents being Case No. 759/76 to the Court of the learned Sessions Judge Rajkot on the ground that the cross case filed at the instance of the opponent No. 1 being Special Case No. 3/78 was pending before the learned Special Judge whose duty and functions were being discharged by the learned Sessions Judge Rajkot. 55 no orders were passed on Ex. 49 the petitioners advocate gave another application on 12-10-78 requesting the Court to pass an order on his application Ex. 49 and the learned Magistrate after hearing the learned Advocate for the petitioner observed that after receiving application Ex. 49 he had addressed a letter Ex.50 on 20th September 1978 to the learned Sessions Judge to which the learned Sessions Judge had replied by Ex. 51 to the effect that the Special Judge had no powers to try cases under secs. 380 and 451 of the Indian Penal Code and that therefore the learned Magistrate should pass appropriate order on Ex 49. By an order which was passed on 21-2-78 on Ex. 52 at the instance of the petitioner the learned Magistrate had stayed the proceedings before him till the cross case filed by opponent No. 1 is disposed of and he was therefore of the opinion that when the proceedings before him were stayed the question of transferring the same as prayed in Ex. 49 did not arise. He therefore passed an order accordingly.

(3.) Aggrieved by that order the petitioner filed Criminal Revision Application No. 699/78 which is now converted into and heard as a Criminal Misc. Application.