JAVED KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the petitioner. The petitioner - accused is facing trail in the Court of learned Sessions Judge, Chittorgarh along with other co - accused persons for offences under Sections 363, 366, 342 and 376, I.P.C. The trial of the case is going on. The petitioner filed an application for transfer of the case while raising objections that during the course of trial, the learned Sessions Judge has taken upon himself to conduct the trial of the case and when statement of witnesses were recorded the trial Judge himself conducted the examination - in - chief of the witnesses instead of the Public Prosecutor.

(2.) Learned counsel for the petitioner submits that he is not levelling any allegation of mala fide against the District & Sessions Judge, Chittorgarh but, for the reason that learned Sessions judge has taken upon himself to conduct the examination - in - chief of the witnesses instead of Public Prosecutor, therefore, once the presiding officer started asking questions of examination-in-chief, then, he literally acts as Public Prosecutor and, in such circumstances, it can easily be assumed that fair trial of the case is not possible in that Court at all. In support of his contention, learned counsel appearing on behalf of the petitioner has invited my attention towards judgment reported in 1981 Cr. L.R. (SC) 246, Ram Chandra Vs. State of Haryana and submits that his application filed under Sec. 407, Crimial P.C. may be accepted and Sessions Case No. 49 of 2009, State Vs. Javed Khan & Another may be transferred to some other Court apart from the Court of Sessions Judge, Chittorgarh, preferably to a Court outside Chittorgarh district.

(3.) I have considered the submissions made by learned counsel for the petitioner for transferring the case and perused the application Annex. - 1 and application Annex. - 3 which is said to be filed by the accused-petitioner before the Sessions Court.