MATHURA PRASAD Vs. STATE OF M P

JUDGEMENT

(1.) The yare heard on an application under section 407 of the Criminal Procedure Code, for transfer of the Sessions Trial No. 61/88 (State v. Mathura Prasad and others) at present pending in the Court of 2nd Additional Judge to the Court of Sessions Judge, Damoh, to any other district. According to the learned counsel for the applicant, the applicant is being prosecuted for offences under sections 449 and 396 as also under sections 25/27 of the Arms Act. It is further averred by the applicant that Shrimati Bai Singhai was the wife of a very senior advocate of Damoh Shri K.C. Singhai, who according to the report received from Sessions Judge, Damoh is at present the President of the District Bar, Damoh and, therefore, the applicant is unable to engage any of the local lawyers to defend in the aforesaid sessions trial at Damoh. Hence this application for transfer of the said trial to any other district.

(2.) The learned counsel for the complainant/intervenor as well as the counsel for the applicant agreed that taking into consideration the circumstances of the case the S.T. No. 61/88 (State v. Mathura Prasad and others), pending in the Court of 2nd A.J. to the Court of Sessions Judge, Damoh, be transferred to the Sessions Court at Jabalpur. The learned Government Advocate has no objection.

(3.) In view of the aforesaid agreement, it is directed that the Sessions Trial No. 61/88 (State v. Mathura Prasad and others), pending in the Court of 2nd Additional Judge to the Court of Sessions Judge, Damoh be transferred to Sessions Court at Jabalpur. The records of the case be transferred immediately and the trial be proceeded with at Jabalpur, in accordance with law. The parties, through their counsels are directed to appear before the Sessions Judge at Jabalpur on 20/3/1989 to receive further directions.