ARCHANA GUPTA Vs. STATE OF M P

JUDGEMENT

(1.) BY this application under section 407 CrPC applicant Smt. Archana Gupta is seeking transfer of Sessions Trial No. 285/2003 State of M.P. v. Sunder Swaroop Asthana from the Court of District and Sessions Judge, Bhopal to any other Court in the district or any other district of State of Madhya Pradesh.

(2.) MAHILA Police station, Bhopal presented a charge sheet against non-applicant No. 2 Sunder Swaroop Asthana for taking cognizance of offences punishable under sections 376, 342, 506, 507 and 419 of the IPC. The investigation was initiated on the basis of FIR lodged by the applicant. The offence being triable by the Court of Session, Judicial Magistrate First Class, Bhopal committed the case to the Court of Session, Bhopal. The Sessions Judge in November 2003 framed a charge against the non-applicant No. 2-accused for offences punishable under sections 376 and 506 of the IPC. After framing of the charges, the trial commenced and witnesses were examined.

(3.) THE applicant has alleged that on 24.4.2004, she was flabbergasted to know that the defence witness was already examined 22.4.2004. Trial Court heard the arguments on 23.4.2004 and the case was fixed for judgment on 26.4.2004. In these circumstances, the applicant wishes to move an application before the High Court for transfer of the case to any other Court.