SATYANANDA PANI Vs. STATE OF ORISSA

JUDGEMENT

(1.) transfer of a criminal case. The petitioner has been charge-sheeted under Section 13 (2) read with Section 13(1)(d)/7 of the Prevention of Corruption Act, 1988. The matter was pending before the Special Judge, Vigilance, Bhubaneshwar, being numbered as Trial No. 45/95. Subsequently, a Court of Special Judge, Vigilance, was established at Berhampur by Government Notification dated 6-12-1997 and on the basis of instruction issued from the office of the High Court the case was directed to be transmitted to the Court of the Special Judge. Vigilance, Berhampur.

(2.) The learned Counsel appearing for the petitioner has submitted that it would be convenient for the accused as well as the Prosecutor if the case is tried before the Special Judge, Vigilance, Bhubaneshwar, Prima facie, such submission appears to be correct. However, there is still a stronger ground to direct that the case should be tried before the Special Judge, Vigilance, Bhubaneshwar. It appears that charge had already been framed by the Special Judge, Vigilance, Bhubaneshwar, and as such it can be taken that hearing of the case had already commenced. Once hearing in a case is already commenced the said case can be transferred to another Court only by Exercising judicial power envisaged under Section 407 or Section 408. Cr. P.C. as the case may be. In the present case, it is clear that the case has been transferred on the administrative side on the establishment of the Court at Berhampur. Even before effecting such transfer on administrative ground, the accused who is a person likely to be affected by such order of transfer was not heard. Since hearing in the case is deemed to have commenced on framing of charge and the accused was not heard before the order of transfer which was passed in the administrative side and since it would be convenient for parties if the case is tried at Bhubaneshwar, it is hereby directed that Trial Case No. 45/95 shall be tried before the Special Judge, Vigilance, Bhubaneshwar, and not before the Special Judge, Vigilance. Berhampur.

(3.) The Criminal Misc. Case is accordingly allowed. Petition allowed.