MANINDRA KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This transfer petition has been filed by the petitioner praying that case pending before the Court below may kindly be transferred to any Court of competent jurisdiction in any of the Districts of Rajasthan. The case referred to in the prayer of which transfer has been prayed is a Criminal Appeal No. 13/ 89, Maninder Kumar v. State of Rajasthan pending before the Addl. Sessions Judge, Dholpur for an offence under Section 325/34, I.P.C.

(2.) The petitioner in his petition stated that his appeal was listed for arguments along with the connected appeal filed by Ravindar Kumar on 24-6-89. An application for exemption was moved by co-accused Bhagwat Swaroop, Ravindar Kumar and the petitioner Manindar Kumar. The application of Bhagwat Swaroop was allowed, bailable warrants were issued against Ravindar Kumar but warrant of arrest was issued against the petitioner and his bail bonds were ordered to be forfeited by the learned Appellate Judge, namely, Shri Brij Lal Bundel, Sessions Judge, Dholpur, respondent No. 2. It is submitted that Shri Bundel passed the order mala fide as he had grudge against the petitioner as the petitioner who happened to be General Secretary of the Rajasthan High Court Bar Association and was instrumental in getting a resolution passed against Shri Bundel by the members of Rajasthan High Court Bar Association condemning his action regarding an incident which took place in Barmer when he was posted there. The petitioner submitted that on 30/08/1989 when co-accused Ravindar Kumar had appeared in the Court of Shri Bundel latter stated in the open Court that he will send Manindar Kumar behind the Bars on that day because he has now a chance to send him behind the Bars. On asking by Ravindra Kumar as to what is the reason respondent No. 2 stated that Manindar Kumar had made several statements against him regarding Barmer incident and had got resolutions passed from Rajasthan High Court Bar Association. The petitioner's grievance, therefore, is that the Presiding Officer is biased against him and he has no hope for getting justice from that Court.

(3.) This application was sent for comments of non-petitioner No. 2 under the orders of Hon'ble Mrs. Kapur J. dated 12-9-89 which have been received from the learned Addl. Sessions Judge vide his letter dated 16-11-89. The complainant also put in appearrance through Shri S. K. Gupta Advocate.