NILESH JAP DARU Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD the learned counsel for the parties.

(2.) THE petitioner has filed this application under section 407 of Cr. P. C seeking transfer of Sessions Case no. 272 of 1996 from the Court presided over by the learned Addl. Sessions Judge, Shri A. R. Mahajan to any other Sessions Court in Mumbai Division. The application filed by the petitioner seeking transfer under section 408, bearing Misc. Application No. 833 of 2004, has been rejected by the judgment and order dated 16. 7. 2004 rendered by the Principal Judge of the Court of Sessions for Greater Bombay.

(3.) ACCORDING to the petitioner, the conduct of the learned Judge and his attitude towards him, most clearly evidenced by the events of 10/6/04 and 11/6/04, has given rise to strong and reasonable apprehension in his mind that the learned Sessions Judge is determined to take him into custody on some pretext or the other. In short, according to the petitioner, the conduct of the concerned learned Sessions Judge has resulted in his looming faith that he would have a fair and unbiased trial at his hands. The petitioner has, therefore, prayed that it would not be in the intereat of justice nor would it convey an impression that the justice had been done if the trial was to continue before the said learned Sessions Judge.