BUDHI SINGH Vs. NIRAJ KUMAR

JUDGEMENT

(1.) The petitioner has filed the present application under Section 407 of the Code of Criminal Procedure (hereafter referred to as 'the Code') for transfer of Criminal Revision No. 13/10 of 2003 from the Court of learned Sessions Judge, Bilaspur presided over by Mr. Shamsher Singh to any other Court.

(2.) Brief facts relevant for the purpose of disposal of the present application are that on a complaint submitted by SHO, Police Station, Sadar, Bilaspur, under Sections 506 and 507 IPC against respondent No. 1, the learned Judicial Magistrate 1st Class, Bilaspur, on being satisfied that there are sufficient grounds to proceed against respondent No. 1, directed issue of summons to him vide order dated 26.11.2002. Aggrieved by the summoning order, respondent No. 1 preferred a revision petition in the Court of the learned Sessions Judge, Bilaspur, which is sought to be transferred to some other Court.

(3.) Case of the petitioner for transfer of the revision petition is that the proceedings in the case were initiated through respondent No. 3, who, initially lodged the report with the police but the petitioner is affected and interested party in the success of the complaint filed against respondent No. 1, inasmuch as respondent No. 1 had issued treats to the life of the petitioner on telephone. His apprehension is that the learned Sessions Judge, Bilaspur will not decide the case impartially, with the result that the petitioner will not get a fair and impartial trial of the case. The reasons giving rise for such an apprehension, as stated in the application, are that the petitioner in the year 1995 was posted as District and Sessions Judge, Shimla and worked as such till 1997. During this period, Mr. Shamsher Singh was posted as Additional District and Sessions Judge, Shimla and had strained relations with the petitioner in the High Court regarding misuse of a common pool vehicle which was finally not found true and the petitioner believes that Mr. Shamsher Singh must be having grudge and animus against the petitioner.