(1.) THE question posed before this Court for determination is whether it is correct, proper and legal for a trial Court to hear arguments, prepare and sign a judgment and put it in a sealed cover, in view of transfer of Presiding Officer, to be pronounced by the successor Presiding Officer, in case an accused, despite summoning, does not appear before it ?
(2.) CHALLENGE in this petition is to order passed by the Presiding Officer, Special Court, Kurukshetra, dated 30.5.2008, which reads as under :-
(3.) THE brief facts and circumstances of the case, which led to passing of the impugned order, are required to be noticed before the legal issue is dealt with. The brief facts and circumstances of the case emanating from the record, including the record summoned by this Court (received on 30.6.2010), are as under :-