KAMLESH PAHARIA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) A trial for an offence under Sec. 302 and 302/34 IPC has been pending against the petitioner before the Sessions Judge, Kota. The Sessions Judge, Kota transferred the above case to the Additional Sessions Judge (Fast Track) No. 2, Kota, vide order dated 2. 6. 2001. After transfer of the sessions case to the Additional Sessions Judge (Fast Track) No. 2, Kota, the petitioner filed an application on 9. 7. 2001 before the above court for transferring the matter back to the Sessions Court, Kota, where the trial was earlier pending. The application of the petitioner was rejected by the trial court vide order dated 31. 7. 2001. The present petition for transfer of the case, under Sec. 407 Cr. P. C. has been filed by the petitioner for transferring the trial back to the Sessions Court, Kota mainly on the ground that the trial had almost been completed before the Sessions Court, Kota and, at this stage, the transfer of the trial court not be made to the other court.

(2.) MR. K. K. Sharma, learned counsel for the petitioner, has relied on the judgment of this court in the case of "nasruddin vs. State of Rajasthan" (1), decided on 11. 9. 2000.

(3.) THIS Court, while granting time to learned counsel for the petitioner to submit some documents, also passed an interim order on 19. 9. 2001, directing the trial court not to decide the case finally till the next date. Since the petition for transfer itself has been dismissed, the trial court is now directed to conclude the trial expeditiously.