BALJEET KAUR Vs. PAL KAUR

JUDGEMENT

(1.) THOUGH the case was listed for confirmation of the stay order but with consent of learned Counsel for the parties, the revision application is itself being disposed of.

(2.) THE learned Sessions Judge should have given reasons under Section 412 CrPC for transfer of the case from a court at Hanumangarh to Ganganagar. Though he has not expressly stated the reasons but the reasons which apper to have prevailed with him are that inspite of the fact that the case was filed three years ago, there has been no progress in the case and one or the other accused absents on the date fixed. This could not be a reason for transfer because there is no certainty that if the case is transferred to a court out side Hanumangarh a place to which the accused persons belong, the accused persons will be present on all dates. Any how Sangaria is said to be only 13 miles from Hanumangarh and as such looking to the facts and circumstances of the case it will lead to the convenience of the parties if the case is transferred to the court of Judicial Magistrate, Sangaria. If the number of accused is eight as alleged, they can file an application for exemption from appearance in the court of Judicial Magistrate, Sangaria and the Magistrate shall take all facts into consideration and pass the necessary orders.