LAWS(MPH)-1998-1-59

SURENDRA PRASAD MISHRA Vs. KANHAI RAM

Decided On January 11, 1998
Surendra Prasad Mishra Appellant
V/S
KANHAI RAM Respondents

JUDGEMENT

(1.) INVOKING the jurisdiction of this Court under Section 407 of the Code of Criminal Procedure (herein referred to as 'the Code') the Petitioner has assailed the correctness of the order passed by the learned Sessions Judge, Sidhi refusing to transfer Sessions Trial No. 52 of 1995 from the Court of the First Additional Sessions Judge, Sidhi to any other Court at Sidhi.

(2.) THE essential facts giving rise to the present petition are enumerated hereunder:

(3.) IT has also been putforth in the petition that on 8.5.97 another petition was filed by the informant Smt. Shanti Devi before the Sessions Court evincing improper procedure adopted by the trial Judge, highlighting indolent delineation of the matter and emphasizing his indifference to the threats given by the accused persons. The learned Sessions Judge considered the said application and by order dt. 8.9.97 rejected the prayer for transfer. Challenging the aforesaid order the Petitioner, the son of Shanti Devi, has preferred this application under Section 408 of the Code.