SARIKA Vs. BIMLA DEVI

JUDGEMENT

(1.) This is a petition under Section 482, Cr. P.C. with the prayer that the XVIth Addl. District and Sessions Judge, Meerut Smt. Indira Asheesh be directed to reopen the two Sessions Trials Nos. 2240/95 and 2241/95, State of U.P. v. Kamal Kumar Gautam and the same be decided expeditiously.

(2.) In spite of service of notice, respondents 1 to 3 have not entered appearance. Heard Sri S. K. Verma, learned Counsel for the petitioner and the learned A.G.A. on behalf of respondents 4 and 5.

(3.) The present case has the chequered facts. An incident which took place on 21-4-1995 gave rise to two sessions trials one 2240 of 1995 and the other 2241 of 1995 under Sections 366/376, I.P.C. and 25/4, Arms Act. Respondents 1 to 3 are the accused persons. The Sessions Judge, Meerut, transferred the two trials to the Court of XVIIth Additional District and Sessions Judge, Meerut by his order dated 11-8-1995. The said Court was then presided over by Sri Rajvir Singh. The transfer application moved by respondents 1 and 2 was rejected by the Sessions Judge, Meerut on 3-12-1995. On the application of the accused persons, this Court transferred the aforesaid two trials by order dated 18-12-1995 to the Court of Ist Additional Sessions Judge, Meerut then presided over by Sri R. P. Yadav. The present petitioner who is the victim of the alleged offences filed an application for transfer of the trial from the Court of Sri R. P. Yadav to the Court of another Additional Sessions Judge, learned Sessions Judge, Meerut transferred the two trials by his order dated 19-4-1996 to the Court of IInd Additional Sessions Judge then presided over by Sri R. K. Singh. Sri R. P. Yadav, the Ist Additional Sessions Judge, had also reported to the Sessions Judge, Meerut that the case be transferred from his Court. Subsequently, learned Sessions Judge recalled his order dated 19-4-1996 realising the fact that his order would be in conflict with the order dated 18-12-1995 passed by this Court transferring the trials to the Court of Ist Additional Sessions Judge. The result of recalling the order dated 19-4-1996 was that the two sessions trials again came to the Court of the Ist Additional Sessions Judge. The petitioner filed an application for transfer before this Court which was allowed on 14-8-1996 and the two trials were transferred to the Court of IInd Additional Sessions Judge presided over by Sri R. K. Singh. In course of time Sri R. K. Singh became the Ist Additional Sessions Judge and in his place Sri S. C. Srivastava had taken over as the IInd Additional Sessions Judge. There were certain misgivings about the conduct of Sri S. C. Srivastava. The petitioner also came to know of the legal position laid down by the Supreme Court that the trials involving the offences against women particularly relating to sexual assaults should be tried by a lady Judge if available. Smt. Indira Asheesh, one of the Additional Sessions Judges was posted in Meerut Sessions Division. The petitioner, therefore, filed an application for transfer before the learned Sessions Judge with the prayer that the two trials be transferred from the Court of IInd Additional Sessions Judge to the Court of Smt. Indira Asheesh, a lady Additional Sessions Judge. The learned Additional Sessions Judge issued notice to the accused persons-opposite parties and fixed 13-12-1996 for hearing on the transfer application but did not stay the proceedings. The petitioner approached this Court under Section 407, Cr. P.C. The said application was rejected on 2-12-1996 on the ground that the transfer application was not maintainable unless the learned Sessions Judge rejects the transfer application moved before him. A writ petition No. 3983 of 1996 was filed before a Division Bench of this Court by the petitioner. By order dated 6-12-1996 the Division Bench took the view that the petitioner could approach the learned Sessions Judge and the learned Sessions Judge could himself grant the relief of staying the two sessions trials and that the request of the petitioner shall be considered by the learned sessions Judge. Armed with the order dated 6-12-1996 passed by this Court, the petitioner filed an application before the learned Sessions Judge for staying the proceedings in two sessions trials. The learned sessions Judge instead of staying the proceedings heard and decided the transfer application and by order dated 24-1-1997 transferred the two sessions trials to the Court of XVIth Additional Sessions Judge presided over by Smt. Indira Asheesh.