ANIL MEHRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is a criminal misc. petition under section 482 Cr.P.C against the order dated 14.10.2011 passed by learned Sessions Judge, Kota in criminal Misc. Case No. 1352/11 whereby he dismissed the application moved by the petitioners under section 409 Cr.P.C for transferring the Sessions Case No. 145/11 pending in the Court of learned Addl. Sessions Judge No. 3, Kota to the Court of learned Addl. Sessions Judge No. 1 (Fast Track) Kota. Brief facts of the case are that a criminal case for offence under section 302/ 34 IPC was registered at P.S. Nayapura, Kota. After completion the police submitted the charge-sheet against the petitioners in the court concerned, who committed the case to the Court of learned Sessions Judge, Kota. The learned Sessions Judge, Kota transferred the case to the Court of learned Addl. Sessions Judge No. 1 (Fast Track) Kota for trial. During trial the charges were framed against the accused petitioners and statements of certain prosecution witnesses were also recorded. After initiation of the trial the learned Sessions Judge, Kota transferred the case from Addl. Sessions Judge No. 1 (Fast Track) Kota to the Court of learned Addl. Sessions Judge No. 3, Kota.

(2.) Against the said order of transfer from learned Addl. Sessions Judge No. 1 (Fast Track) Kota to learned Addl. Sessions Judge No. 3, Kota the petitioners moved an application under Section 409 Cr.P.C before learned Sessions Judge, Kota submitting that the above transfer is in contravention of legal provisions and hit by section 409(2) Cr.P.C., wherein it has been directed that no case or appeal may be transferred or withdrawn from the court of any Addl. Sessions Judge by the Sessions Judge concerned after initiation of trial but the learned Sessions Judge dismissed the said application vide order dated 14.10.2011. Hence, present criminal misc. petition before this Court.

(3.) Mr. Surendra Sharma, learned counsel for the petitioners submits that the impugned order has been passed by the learned Sessions Judge in contravention to the provisions of Section 409(2) Cr.P.C because when the trial has been started and the statements of three prosecution witnesses have already been recorded, then learned Sessions Judge, Kota cannot transfer the case because the matter has already been transferred from learned Addl. Sessions Judge No. 1 (Fast Track) Kota to the Court of learned Addl. Sessions Judge no. 3, Kota.