DEEPCHAND Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The applicants are aggrieved by the order dated 10-10-1996 passed by the Sessions Judge, Dhar in Cr. Misc. Case No. 200/96 transferring Sessions Trial No. 394/95 from Ist Additional Sessions Judge, Dhar to the Special Judge, Dhar.

(2.) The accused applicants are facing trial in the Sessions Court, Dhar on the charges under S. 306 and 498-A of IPC. The case was registered at S.T. No. 394/95 and made over for trial to the Ist Addl. Sessions Judge. However, at the fag end of the trial, when 9 prosecution witnesses were already examined, one Suresh Chandra, the father of the deceased on whose report the First Information Report in the case was registered, moved Transfer Application under S. 408, Cr. P.C. before the Sessions Judge. Some personal allegations were made against the Ist Addl. Sessions Judge (Smt. Jaishree Verma, who now stands transferred to some other Sessions Division). The learned Sessions Judge by his order impugned, although held that the allegations made against the Presiding Officer were unfounded, but allowed the transfer application in following terms :

(3.) I have heard Shri Bhojwani, learned counsel for applicants and Shri G. Desai, Government Advocate for State.