KISHAN SINGH DHAKA 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 1975, State vs. Lala Ram & Ors , pending in the Court of the Sessions Judge, Sikar, presided over by Shri Jas Karan 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 Munsiff, Sikar. This suit was dismissed on 29-9-1970. A second suit was filed by him which was also dismissed on 12-12-1974.

(3.) MR. Khan, learned Public Prosecutor, appearing on behalf of the State, has contended that the majesty of law and the dignity of the Courts have to be maintained by the judicial officer, and they must act in a dispassionate manner in the dispensation of justice. He further contended that even in trying circumstances the judicial officers should keep restraint on themselves and keep in mind the cardinal rule of criminal jurisprudence that an accused is to be presumed to be innocent unless proved otherwise. He further contended that no opportunity should be afforded to the accused persons to harbour a bona fide impression that they are not likely to get justice from a particular judicial officer.