SULEMAN KHAN Vs. STATE OF M P

JUDGEMENT

(1.) With the consent of the parties, the matter is heard finally at motion stage.

(2.) Invoking extraordinary jurisdiction of this court, this petition has been preferred under Section 482 of CrPC for setting aside the order dated 8.2.2010 passed by Third ASJ, Shivpuri allowing prosecution's appli-cation filed under Section 311 Cr.P.C for recalling witness Ajeet Singh and also for setting aside the order dated 27.1.2010 passed by Sessions Judge, Shivpuri concern-ing transfer of Sessions trial No. 215 of 2006 from his court to the court of Third ASJ, Shivpuri.

(3.) The facts of the case in nut-shell giv-ing rise to this petition are that the peti-tioners are facing Session Trial No. 215 of 2006 in the Court of Sessions Judge Shivpuri for offence under Sections 307,323, 147, 148 and 149 IPC and a cross case is also pending against complainant party in that court Evidence of prosecution witnesses was recorded in the Court of Sessions Judge; Shivpuri. Petitioners accused were examined under Section 313 CrPC in that court and after examination of defence wit-nesses, the case was fixed for arguments on 27.1.10. On that day, learned Sessions Judge, transferred the case without any reason to the Court of Third ASJ, Shivpuri; Third ASJ, Shivpuri allowed the application filed by prosecution under Section 311 CrPC for recalling witness Ajeet Singh, hence, this revision for setting-aside impugned orders.