ADDITIONAL PUBLIC PROSECUTOR HYDERABAD Vs. BAVUGA

JUDGEMENT

(1.) The Additional Public Prosecutor, on behalf of the State of Andhra Pradesh, has moved these two petitions for transfer of Cases Nos. 12/8 of 1957 and 11/8 of 1957 from the file of the Sessions Judge, Hyderabad, to any other Sessions Court in the State on the grounds primarily that the Sessions Judge, Hyderabad, has already formed an opinion about the merits of the two cases and has given expression to his view before the defence advocate, Sri Ramachandra Rao and that the attitude of the Sessions Judge is very partial to the accused and unreasonable to the prosecution. The petitioner has set forth a list of instances in which the attitude of the Sessions Judge complained of is evident. A report has been called for from the Sessions Judge and he covered every one of the points raised in the affidavit filed in upport of these petitions.

(2.) The petitions are contested'by the accused whose advocate maintains that the petitions have to be rejected in limine on the grounds inter alia that they are not supported by the affidavit of a responsible officer of the Government like the Secretary or a Joint Secretary and that, in fact, the affidavits of a police officer and others filed are not sworn to before a competent person.

(3.) On merits he would urge that none of the charges made against the Sessions Judge has a foundation in fact. The learned Additional Public Prosecutor has selected three out of the whole list of grievances detailed in these petitions and confined his arguments thereto. The grievances expressed are (1) that the Sessions Judge told Sri Ramachandra Rao, counsel for the accused, in the chamber of the Judge, that there was no case against the accused ; (2) (a) that on the deposition of the part-heard witness, Ramulu, his signature was not taken ; (b) that the said deposition is not found among the records at all and (c) that there is a further insinuation by the Sessions Judge that the prosecution had a direct hand in the disappearance of the deposition : (3) that there is an observation of the Sessions Judge in his report that Dhulappa, a witness, is clearly under the influence of the Police.