MAGHAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PRAYER made in this petition is for transfer Session Trial in case F.I.R. No.78 dated 17.8.1994 under Section 302/323/34 I.P.C. P.S. Sadar Mansa, pending in the court of Sh.R.M Gupta, Additional Sessions Judge, Mansa to the court of Sessions Judge, Bhatinda. Transfer of the case has been sought on the ground that the entire evidence in the case had been recorded by Sessions Judge, Bhatinda, but when the matter came up for final arguments, the same was transferred to the court of Shri. R.M. Gupta, Additional Sessions Judge, Mansa on the basis of administrative instructions, saying that the cases pertaining to newly created Mansa district would be transferred to the newly created court of Additional Session Judge at Mansa. Prayer thus, made is that the matter ought not to have been transferred to the court of Addl. Sessions Judge, Mansa, as the entire evidence was recorded by the Sessions Judge, Bhatinda.

(2.) NOTICE of the petition was given to the State and at the motion stage, on 9.1.1996, it was directed that arguments in the case be not heard. On the last date of hearing, counsel for the State had sought time to seek instructions from the District Attorney, but today, he states that the District Attorney has not responded to his communication.

(3.) AFTER hearing the counsel and having regard to the cause shown in the petition, I am of the view that the Sessions Trial case deserves to be transferred to the court of Sessions Judge, Bhatinda who recorded the entire evidence in the case. Accordingly, Sessions Trial in case F.I.R. No.78 dated 17.8.1994 under Sections 302/323/34 I.P.C. P.S. Sadar, Mansa, pending the court of Sh. R.M. Gupta, Additional Sessions Judge, Mansa, shall stand transferred to the court of Sessions Judge, Bhatinda who shall decide the same in accordance with law.