SHIVAJI ANYANOBA SABLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Perused.</Jpara> <Jpara>[2] RULE. Rule made returnable forthwith and by consent of the learned respective counsel for the parties, this application is taken up for final hearing.

(3.) The applicant (original complainant) sought adjournment as he was not feeling well, but the learned Additional sessions Judge imposed heavy costs upon him on two occasions. The applicant submits that he is a poor person and was unable to pay the said costs. The applicant further submits that the approach of the learned Additional sessions Judge was not proper and, therefore, the applicant lost his confidence in the additional Sessions Judge. Hence, he filed miscellaneous Application No. 14 of 2008 before the learned Sessions Judge, Nanded for transfer of Sessions Case No. 51 of 2005, contending that there was no possibility of impartial inquiry, since the applicant has lost confidence in the Additional Sessions Judge, and also contended that the court at Kandhar is not convenient for the witnesses and the accused persons. It is further submitted that the court of Additional Sessions Judge, gangakhed is convenient for all. However, said miscellaneous Application No. 14 of 2008 came to be rejected by the learned Sessions judge, Nanded on 28. 8. 2008. Hence, the applicant has preferred the present application challenging the validity and legality of the said order, with a prayer that Sessions Case No. 51 of 2005 pending before the learned Additional sessions Judge, Kandhar, District Nanded be transferred to any other court for disposal in accordance with law.

(4.) At the out set, considering the rival submissions, it is pointed out that the learned Additional Sessions Judge, who imposed the costs upon the applicant has been already transferred and, therefore, there is no substance in the present application. Besides that, the learned counsel for the applicant submitted that he has no grievance against the present Additional Sessions Judge, Kandhar and, therefore, also nothing survives in the present application.