HANUMANTSING KUBERSING Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS order shall govern the disposal of Misc. Petition No. 2516 of 1984, Krishnapal Singh v. State of M. P. and Anr. ; Misc. Petition No. 2517 of 1984, Pannalal v. State of M. P. and Anr. ; Misc. Petition No. 2518 of 1984, Yashwant Singh v. State of M. P. and Anr. ; Misc. Petition No. 2519 of 1984, Ramchandra Singh v. State of M. P. and Anr. ; Misc. Petition No. 2520 of 1984, Mandatar Singh v. State of M. P. and Anr. and Misc. Petition No. 2521 of 1984, Surendra Singh v. State of M. P. and Anr. .

(2.) THE petitioners in all the petitions are agriculturists, who for their agricultural operations hired labour, Bhils of Tahsil Petalwad, district Jhabua. On some complaints, after investigation concerning Police filed charge sheets under Sections 16, 17 and 18 of the Bonded Labour System (Abolition) Act, 1976 (for short 'the Act') against the petitioners, in the Court of Sub-Divisional Magistrate, Petalwad (for short 'the S. D. M. ') in Criminal Case Numbers as mentioned below :

(3.) DURING trial, the petitioners apprehended that they will not get fair and just trial, hence they applied under Section 407 of the Code of Criminal Procedure, 1973 (for short 'the Code') before the Sessions Judge, for transfer of the cases to the Court of Judicial Magistrate First Class of the competent jurisdiction; that prayer was rejected. Hence the petitioners have filed the aforesaid petitions challenging the constitutional validity of Section 21 of the Act.