JIT RAM, ETC. Vs. THE STATE OF HARYANA

JUDGEMENT

(1.) THIS revision petition is directed against the order of the Sessions Judge dated 14th August 1970 whereby he withdrew the case pending against the Petitioners in the Court of Shri P.R. Aggarwal, Additional Sessions Judge, Gurgaon, to his own file.

(2.) THE facts necessary to decide this application are that the five Petitioners were being tried in a case under Section 302/149 etc., of the Indian Penal Code in the Court of Shri Aggarwal, Additional Sessions Judge, Gurgaon, and in this case the entire evidence had been recorded and the case had been fixed for arguments on 29th July, 1970. While arguments were being addressed the complainant made an application praying for adjournment on the ground that he wanted to move the High Court for transfer of the case. On this application the proceedings were adjourned to 13th August, 1970 After adjourning the case Shri Aggarwal wrote a confidential letter to the Sessions Judge requesting that this case be transferred from his Court. On receiving this letter the counsel for the parties were sent for by the learned Sessions Judge and were informed about this request for transfer. The counsel for the accused then made an application opposing the transfer. Subsequently Nur Mohammed complainant made an application seeking the transfer of the case and made various allegations in the petition to show that the learned Additional Sessions Judges was prejudiced against the complainant. On this application the learned Sessions Judge passed the impugned order withdrawing the case from the Court of the Additional Sessions Judge to his own file. Being aggrieved the accused have come up in revision to this Court.

(3.) IN order to appreciate the arguments of the learned Counsel for the Petitioners reference will have to be made to Sub -sections (1) and (1A) of Section 526 and Sub -sections (1A) and (1C) of Section 528 of the Code of Criminal Procedure. The relevant provisions are as under: