UMED SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The point arises in these petitions is whether the District and Sessions Judge has the power to withdraw or recall the Sessions case after the commencement of the trial.

(2.) The facts are not disputed in these cases. 11 Sessions trials were pending in the Court of Additional Sessions Judge, Fast Track Court, Sonepat. List of these cases is attached as Annexure P1 (Crl.Misc. No. 11597-M of 2003). The cases mentioned at Serial Nos. 1, 3 to 11 were fixed for prosecution evidence, whereas case mentioned at Serial No. 2 was fixed for arguments. The learned District and Sessions Judge, Sonepat vide order dated 12.12.2002 withdrew all the cases from the Court of Mr. B.S. Rawat, Additional Sessions Judge, Fast Track Court and made over to the Court of Mrs. Anita Chaudhary, Additional Sessions Judge, Sonepat for disposal in accordance with law.

(3.) The Sessions Judge has been empowered under Section 409, Cr. P.C. to withdraw the cases and appeals. Section 409, Cr. P.C. reads as under: