BHAU RAMCHANDRA MALAWADE Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) These two cases arise out of certain incidents of a riot which took place at Patan in Satara district on Oct. 1, 1972, as a result of some agitation made by the citizens of that town against the rise in State Transport Bus fare.

(2.) The two cases have been filed against the two sets of accused (16 in one case and 42 in the other) under sections 147, 148, 341 and 435 of the Indian Penal Code. Some of the accused made applications to the Sessions Judge, Satara, for transfer of the two criminal cases from Karad Court to Patan Court where they were originally instituted. The cases were transferred from Patan Court to Karad Court for certain "administrative grounds." It is difficult to understand from the judgment of the learned Sessions Judge what these grounds were. The applications of the accused for re-transfer from Karad Court to Patan Court were made on the ground of general convenience of the parties and witnesses under section 526 (1) (d) of the Code of Criminal Procedure as all the accused and majority of the witnesses cited in the charge-sheets filed by the police were from Patan.

(3.) Notwithstanding this reasonable request on behalf of the accused, the learned Sessions Judge, Satara, by his order, dated Oct. 18, 1973, upheld the contentions raised on behalf of the State opposing the applications made by the accused, observing as follows: