SESSIONS JUDGE Vs. STATE OF MP

JUDGEMENT

(1.) THE Sessions Judge, Sagar had sent a Memo dated 27-1-2004 requesting transfer of cases arising out of commission of Sati (Prevention) Act, 1987 (hereinafter referred to as 'the Act') registered as Special Case No. 1/02 (State of Madhya Pradesh v. Ashok Kumar and Ors.) and Special Case No. 2/02 (State of Madhya Pradesh v. Ashok Kumar and 16 others) from Special Court, Sagar to Special Court, Panna.

(2.) THE matter has been placed on the judicial side by order of Hon'ble Acting Chief Justice. The State Government vide Notification No. F-1-4-2002/xxi-B (1), Bhopal dated 14th August, 2002 issued under Section 9 of the Act, constituted seven Special Courts, out of which, one Court was constituted as Special Court, Sagar to take cognizance of the cases arising out of Sagar, Damoh, Panna, Tikamgarh and Chhatarpur districts. The aforesaid two cases are arising out of District Panna and are pending in the Special Court, Sagar at the stage of prosecution evidence.

(3.) ON 14-1-2004 a notification was issued by the State Government in supersession of the earlier notification dated 14-8-2002 under Section 9 of the Act and as many as 40 Special Courts were constituted for the places mentioned in column (2) of the schedule of the said notification for the areas specified in column (3 ). As per the notification dated 14-1-2004, for the revenue district Panna, Special Court has been constituted at Panna and Sessions Judge, Panna has been appointed as Presiding Officer of that Court.