KARAN SINGH Vs. KHAZAN SINGH

JUDGEMENT

(1.) THE petitioner has filed this application asking transfer of a Sessions trial from the Court of Additional Sessions Judge, Jind.

(2.) A preliminary objection was raised by the respondents that such transfer application should have been filed in the Court of Sessions. In my opinion, that objection is without any substance in view of Clause (2) of Section 409 Cr.P.C. which states that transfer of Sessions Judge can be effected by the Sessions Judge, before the hearing of the case is commenced. In this case, admittedly, the Sessions trial has been partly heard inasmuch as deposition of some witnesses has already been recorded. In my opinion, therefore, the transfer application has been rightly filed in this Court.

(3.) IN para 4 of the petition it is stated that the Additional Sessions Judge threatened the witnesses to put them in jail for deposing falsely. In my opinion, such cautioning sometimes is given by the Court to the witness so that he should not speak or tell a lie on oath.