VIJAY PAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) LEAVE granted.

(2.) HEARD learned counsel for the parties.

(3.) ON 28.1.1997, Mukesh daughter of Karam Singh and wife of appellant No. 1 Vijay Pal died. It was an unnatural death. On the basis of the information lodged by Karam Singh an offence was registered by the police. After investigation the police charge sheeted Vijay Pal, his elder brother Ved Pal and his mother Ankur Devi for having committed offences punishable under sections 498A and 304B IPC. On the case being committed the Sessions Court at Sonepat framed the charge on 26.9.97. It appears from the impugned interim order that the case was fixed for recording evidence on 19.11.97, 15.1.98 and 21.4.98. On 21.4.98 Karam Singh, his daughter Sunila and other prosecution witnesses approached Mr. Justice Singhal, who was on an inspection tour and happened to be at Gohana on that day, with an application for getting the said case transferred from the Sessions. Court, Sonepat. It was alleged in the application that as party of the accused was terrorising prosecution witnesses they will not be able to depose freely before the Sessions Court at Sonepat. It was alleged that on 19.11.97, 5.1.98 and 21.4.98 also the accused had brought with them their muscle men for terrorising the prosecution witnesses. Singhal, J. received that application and a notice was issued to the accused/appellants. They were directed to appear before Singhal, J. on 23.4.1998. The appellants did not appear before him on 23.4.1998. On 27.4.1998, Singhal, J. while camping at Sonepat passed the impugned order. The relevant part of it reads as under :