N SIMANCHAL REDDY Vs. STATE OF ORISSA

JUDGEMENT

(1.) This is an application under Section 407(2) of the Code of Criminal Procedure with a prayer to transfer S.C. Nos. 6 of 2000 and 7 of 2000 arising out of G.R. Case No. 157 of 1998 from the Court of the Addl. Sessions Judge, Berhampur to any other Sessions Judge of the neighbouring district or any other Sessions Judge of the same district mainly on the ground that the petitioner would not get fair and impartial trial from the presiding officer of the said Court, namely, Shri B.N. Jena.

(2.) In the petition several instances have been cited to show that the orders passed by the said presiding officer were tainted with bias, and as justification for the aforesaid apprehension of the petitioner. It is also alleged that certain orders passed by the said presiding officer were erroneous. But then the allegation that some orders passed by a presiding officer are not just and proper cannot be a ground for transfer of a case from the concerned Court to another. If a Court commits any mistake that can be rectified by higher Court and that is why the hierarchy of Courts exists. The other allegations made against the presiding officer concerned also do not make out a ground for transfer of the cases.

(3.) Be that as it may, in the meanwhile the then presiding officer of the Court concerned has already been transferred. Thus the apprehension of the petitioner no more exists. In the aforesaid changed circumstance, this TRPCRL has become infructuous and is disposed of accordingly. As a consequence, the interim orders passed by this Court stand vacated.