RAHUL SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS special appeal, under Section 18 of the Rajasthan High Court Ordinance, 1949, is directed against the judgment, dated December 2, 1977, of the learned Single Judge of this Court, dismissing the writ petition, filed by Rahul Sharma, challenging the validity of the order, dated October 4, 1977, passed by the then Administrative Judge, making over Sessions Case No. 19 of 1977, State v. Anil Punjwani and Ors. , to the Additional Sessions Judge No. 3, Jaipur City pending in the Court of the Additional Sessions Judge No. 2, Jaipur City.

(2.) THE facts, giving rise to the present special appeal, are that the petitioner, along with other accused persons, was facing trial in the Court of Shri Amar Singh Godara, Additional Sessions Judge No. 2, Jaipur City, in Sessions Case No. 19 of 1977, under Sections 307 and 120b, I. P. C. for attempting to commit the murder of Aswani Sethi, The learned Judge recorded the statements of 14 prosecution witnesses, out of 47, to be examined by the prosecution in the case. The next dates of hearing were fixed, from 21st to 24th of September, 1977. Prior to that Shri Amar Singh Godara was transferred as Additional Sessions Judge, No. 3, Jaipur City. On September 20, 1977 the learned Sessions Judge, Jaipur City, brought to the notice of the High Court that Shri Amar Singh Godara had left ten part-heard sessions cases, including the case of Anil Punjwani, out of which in five sessions cases material prosecution witnesses had been examined by him and as no Judge had been posted to preside over Additional Sessions Court No. 2 he should be asked to complete the trials of the five cases. Mr. J. K. Mathur, Additional Public Prosecutor, appearing in the case, submitted an application before the Administrative Judge, stating that in the absence of posting of an Additional Sessions Judge to preside over Additional Sessions Court No. 2, Jaipur City, the case of Anil Punjwani was being delayed and there was likelihood of witnesses to be tampered with. He therefore, prayed that the case should be completed by Mr. Godara. In the above circumstances, the then Administrative Judge passed the impugned order (vide Annexure-1 ).

(3.) BEING aggrieved by that, the appellant filed a writ petition No. 446 of 1977, before this Court. It was, however, dismissed by Hon'ble Jain J. after hearing both the parties, by a detailed order dated December 2, 1977.