BHABUTMAL Vs. STATE

JUDGEMENT

(1.) THE Sessions Judge, Pali by his order dated the 24th June, 1969, in a transfer application under sec. 528 of the Code of Criminal Procedure, rejected the preliminary objection raised by the applicants Bhabutmal and 9 others before me that he had no power to entertain the transfer application in a case pending before the Additional Sessions Judge, Sirohi. It is against that order that the applicants have submitted this application by way of revision.

(2.) ON a report made by Chhogaram to the police and investigated by the Station House Officer, Pali, the police launched a case under sec, 302, 147, etc. I. P. G. before the Munsiff-Magistrate, Pali. After an inquiry under sec. 207-A Cr. P. C. he committed the 10 applicants before me for trial before thee Additional Session Judge, Sirohi. After posted the case for prosecution evidence after recording the plea of the accused, Chhogram the complainant in this case moved an application on 24-10-1969 under sec. 528 of the Code of Criminal Procedure in the court of the Sessions Judge, Pali for the transfer of the case from the court of the Additional Sessions Judge, Sirohi to some other court on several grounds. An objection was raised before the Sessions Judge that he had no jurisdiction to entertain a transfer application regarding a sessions case which the learned Additional Sessions Judge was trying in exercise of the jurisdiction conferred upon him under sec. 9 (3) of the Code of Criminal Procedure and Chhogaram had no locus standi to make the transfer application as the prosecution was launched by the State. The learned Sessions Judge rejected both these contentions and, therefore, the petitioners have come up to this Court.