KONTHOUJAM IBOCHA SINGH Vs. KONTHOUJAM IBOBI SINGH

JUDGEMENT

(1.) THIS is an application under Section 407 read with Section 482 of the Criminal Procedure Code praying for transfer of Criminal Revision No. 36 of 1975 from the file of Mr. Y. Ibotombi Singh, Additional Sessions Judge, Manipur to this Court for disposal. It may be stated here that the Criminal Revision was originally numbered as Criminal Revision No. 54 of 1974 when it was pending in the Court of the Sessions Judge, Manipur.

(2.) THE requisite facts and events are set forth herein below:

(3.) MR . A. K. Bhattacharyya, the learned Counsel appearing on behalf of the Petitioners has categorically and specifically made statements to the effect that he does not rely on 'the Affidavit -in -Rejoinder/Reply' filed in this Court on behalf of the present Petitioners on 27 -1 -1976. The learned Counsel submits that his clients have no allegation against the learned Additional Sessions Judge. He submits that the brother of the learned trying Judge in fact held the brief of the present Opposite Parties before the Trying Magistrate and also before the High Court and acted on behalf of the Opposite Parties in the capacity of an Advocate and that the learned Sessions Judge and the said Counsel live in the same house and as such his clients apprehend that they may not get justice from the trial Judge. His submissions are that the Petitioners have reasonable apprehension that a fair and impartial enquiry or trial in the said Criminal Revision cannot be had in the Court of the learned Additional Sessions Judge at Manipur and therefore, it is just and expedient that the said Revision be transferred to and tried by this High Court. The learned Counsel also pointed out before me that a Civil Appeal No. 60 of 1970 was so transferred to this High Court for trial itself.