KISHAN SINGH & OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is an application under Sec. 407 of the Code of Criminal Procedure, 1973 for transferring Sessions Case No. 17 of 1972, State Vs. Lala Ram & Ors. pending in the Court of the Sessions Judge, Sikar presided over by Shri Jaskaran Dasani.

(2.) The brief facts giving rise to this petition are that Shri Kumar Narain, a practising lawyer filed a Civil Suit against the Municipal Council, Sikar and other persons for perpetual injunction in the Court of Munsif, Sikar. This suit was dismissed on 22-9-1980. A second suit was filed by him which was also dismissed on 12-12- 1974.

(3.) It is alleged that on 15-1-1975 some quarrel resulting in marpeet took place on this disputed way. A report of this incident was lodged by Vinod Kumar son of Kumar Narain at the Police Kotwali, Sikar. In this report as many as 89 persons are alleged to have been involved. After due investigation, the police submitted challan against 14 persons only. Out of these 14 persons three persons are alleged to be absconding, and one is said to have died and the remaining ten persons are facing trial, under section 395, 452 and 147, IPC. This trial is going on before the learned Sessions Judge, Sikar.