UDAY BHAN Vs. STATE OF M P

JUDGEMENT

(1.) This petition under Section 482 of the Criminal Procedure Code has been filed invoking inherent powers of this Court to recall the final order dated 19.12.2012 passed in M.Cr.C. No.9261/2012, whereby this Court while exercising powers under Section 407 r/w S. 482, Cr.P.C. ("Code" for brevity) transferred the Sessions Trial No.05/2011 pending before the Court of Third Additional Judge to the Court of Sessions Judge, Guna to Sessions Judge, Shivpuri after finding that the police force was present in the Court premises and the witnesses were taken in custody and, therefore conduction of trial against the petitioner and other co-accused persons at Guna is adversely affected by the prosecution agency thereby holding that fair trial is jeopardized.

(2.) Sole ground for seeking recalling of the abovesaid order dated 19.12.2012 is that the same has been passed without hearing the petitioner, who is the victim (complainant) in ST No.05/2011.

(3.) Learned counsel for petitioner has further submitted that the inherent powers of this Court under Section 482, Cr.P.C. can be exercised for recalling of order passed without affording opportunity to the party aggrieved. In this respect, reliance is placed on the decision of the Single Bench of this Court Parmeshwardin Patel v. Snehlata, 2004 2 JabLJ 91.