SANTOSH KUMAR AGRAWAL Vs. PAWAN MITTAL

JUDGEMENT

(1.) THIS petition under section 407 CrPC has been filed for transfer of a criminal case No. 1116 of 2001 (Pawan Mittal v. Santosh Kumar Agrawal) pending in the Court of learned CJM, Katni to any other Court either at Satna or Damoh or Jabalpur.

(2.) THE petitioner is being prosecuted for offence punishable under sections 500,501,502,385 and 506 Part I, IPC on the basis of a complaint filed by the respondent. It is alleged that the petitioner entertains reasonable apprehension in his mind that he would not get justice from the Court of learned CJM, Katni on the following grounds :

(3.) SHRI Virendra Singh, Additional District Judge is said to be the tenant of the respondent. Merely because ADJ is tenant of the respondent, it cannot be inferred that the criminal proceedings between the petitioner and the respondent will be influenced by him. There is nothing on record to even prima facie show that the learned CJM, Katni is influenced by the ADJ, Katni or is under his clutches and therefore he would not be able to exercise his discretion fairly and judiciously.