RAJESH Vs. STATE OF M.P.

JUDGEMENT

(1.) All the four petitioners who are accused in sessions trial no.263/2009 arising out of crime No. 207/2009 of police station- Madhonagar, District Ujjain have preferred these four separate petitions, challenging the order dated 05.10.2018 passed by the Sessions Judge, Ujjain in M.Cr.C No.112,113,114 and 115/2018, whereby their plea of re-transfer the Sessions Trial No. 263/2009 i.e. from Xth ASJ to Vth ASJ pending against them to the Court where it was pending earlier was declined by the Court.

(2.) Facts giving rise to the present petitions, in short are that on 23.08.2009, one Nalin Sharma met with an accident. His son Jayant Sharma brought him to the hospital and informed the incident. A simple case of accident at crime No. 207/2009 under section 304-A of the IPC was registered at the Police Station Madhonagar, District Ujjain against unknown vehicle/driver but in investigation, it was found that actually this was not a simple case of accident but was a case of intentional homicide. It was revealed that the deceased was occupying a premises belonging to one of the petitioner Mohan Vaswani, who was asking and pressurizing him to vacate the same. He even offered him money for vacating the premises but that also did not yield the desired result as the deceased was not agree or ready to vacate the premises. Therefore, petitioner Mohan Vaswani hatched a conspiracy and in its furtherance, petitioner Durga intentionally ran over the vehicle on the deceased resulting in his death. After completing the investigation, the police filed the charge sheet under section 302, 201, 109 and 120-B of the IPC before the Judicial Magistrate, which was later committed and now pending for trial.

(3.) The trial was pending before the 10th Additional Sessions Judge, Ujjain (presiding officer Ms. Alka Dubey). During pendency of the trial, the High Court issued a notification No. B/4555/III-6-6/84-II dated 06- 09-2018 under sub section (3) of Section 9 of the Cr.P.C. and designated the Court of Ms. Alka Dubey, 10th Additional Sessions Judge, Ujjain as "Exclusive Court" for trial of the cases under the Prevention of Children From Sexual Offences Act, 2012 (for short POCSO Act) Act arising out of the revenue district Ujjain, therefore, along with all other cases, ST No. 263/2009, which is subject matter of the present petitions was also taken back from the 10th ASJ, Ujjain and was transferred to the 5th ASJ, Ujjain (presiding officer Shri Vikas Sharma). This order of transfer is under challenge in the present petitions.