SUKH DAS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal transfer petition under Section 407, Cr.P.C. has been filed by the accused petitioners against the order dtd. 18-7-2003 passed by the learned Sessions Judge, Hanumangarh in Criminal Misc. Case No. 60/2003 by which he transferred the Sessions case No. 67/2001 pending in the Court of Additional Sessions Judge, Nohar to the Court of Additional Sessions Judge (Fast Track) No. 3, Hanumangarh.

(2.) On the report of respondent No. 2 Mohan Lal (complainant) a FIR No. 25/92 under Section 302, I.P.C. was registered on 19-6-1992 and the police submitted FIR in the matter and thereafter on the protest petition, ultimately cognizance was taken against the accused petitioner and the case was committed to the Court of Additional Sessions Judge, Nohar on 1-10-2001 for offence under Sections 302, 342, 341, 147, 148 and 149, I.PC.

(3.) In that case charges for offence under Sections 302, 342, 341, 147, 148 and 149, I.P.C. against the accused petitioners through order dtd. 16-11-2002 passed by the learned Additional Sessions Judge Nohar were framed and thereafter the case was fixed for evidence of prosecution on, 15-1-2003 and 25-1-2003, but no witness was produced on behalf of the prosecution and the case was adjourned to 27-2-2003, 22-3-2003 and 24-3-2003, but no witness was produced. Thereafter the case was adjourned to 16-4-2003 and 17-4-2003, 28-5-2003, 29-5-2003, 25-6-2003, 26-6-2003 and 21-7-2003. However, no witness was examined on all these dates.