RAMAKANT PANDEY Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition under Section 407 r/w Section 482 Cr.P.C. has been filed by the petitioners seeking transfer of case bearing Session Trial No. 48/14 pending before the Court of IVth Additional Sessions Judge, Katni, to any other competent Court having jurisdiction in the matter within district Katni. The petitioners have also filed an application under Section 408 Cr.P.C before the Session Judge, Katni but vide order dated 03.02.2020, the Session Judge has dismissed the same, hence, this petition is preferred before this Court.

(2.) Learned counsel for the petitioners submits that the petitioners and respondent No. 3 are facing a trial in S.T. No. 48/2014 for the offence punishable under Explosives Substance Act, 1908. He submits that the Petitioners have filed an application under section 407 Cr.P.C. before the learned Sessions Court but the Court below erred in rejecting the same. Further, it is submitted by the learned counsel that in trial, 9 prosecution witnesses have been examined and the last witness namely Ajay Singh is still required to be examined as the examination has not been concluded on 18/02/2019. The trial has been going on since 2014 and petitioners never sought any unnecessary adjournment. Further, The witness namely Ajay Singh is not appearing before the Court whereas he has been called for approximately 15 times by the Court. He further submits that on 23.09.2019, the petitioners have filed an application for closing the right of prosecution to examine their witnesses but same was rejected by the trial Court. When the witness Ajay Singh again did not appear before the Court, the petitioners again moved an application for the same purpose on 06.12.2019 which is still pending for adjudication. The procedure adopted by the learned trial Court has compelled the petitioners to move an application under Section 408 Cr.P.C for transferring the case but same was dismissed by the Sessions Court. He further submits that the order passed by learned Sessions Court is in complete violation of mandate passed by the Higher Court in this regard, hence, the impugned order is liable to be quashed. The learned Sessions Court failed to appreciate the fact that the petitioners cannot expect expeditious and fair trial by the 4 th Additional Session Judge, Katni. He also submits that in the interest of fair and expeditious justice, the transfer of trial is necessary. With the aforesaid, he prays to allow this petition. In support of his contention, he has relied on the judgment of the Hon'ble Supereme Court, same are mentioned herein under :-

(3.) On the other hand, learned panel lawyer for respondent No. 1 & 2/State opposes the petition submitting that there was no need to transfer the case, even then the petitioners have filed transfer petition just to mislead the Court. He further submits that the evidence of witness Ajay Singh is an important piece of evidence, hence, it is necessary to examine him. He submits that the Court has issued bailable warrant against the witness but same has not been served upon him. The Court is going in a right way and has ample power to compel the witness for giving evidence. There is no reason to disbelieve on the Court. Hence, this petition deserves to be dismissed.