LAWS(PAT)-2014-11-8

KAMAL NARAIN DAS Vs. THE STATE OF BIHAR

Decided On November 05, 2014
Kamal Narain Das Appellant
V/S
THE STATE OF BIHAR Respondents

JUDGEMENT

(1.) Heard Mr. Rama Kant Sharma, learned senior counsel for the petitioner and Mr. Jharkhandi Upadhaya, learned Additional Public Prosecutor for the State.

(2.) During the prosecution of a criminal case, the petitioner, in a representative capacity of being a Chela of his Guru (informant), filed an application before the Court concerned for transferring the same to another Court. What peeved the Presiding Officer was the statement in the petition that since irrelevant questions are being put by the Court, therefore, the petitioner did not have the confidence that the matter would be decided judiciously.

(3.) Finding such statement in the transfer petition to be disrespectful to the Court and that also without any basis, such an application for transfer was rejected. However, the petitioner was directed to present himself personally by order dated 07.09.2000 passed by the learned Judicial Magistrate 1st Class, Saran. The aforesaid order is under challenge in the present application.