Subrat Saha @ Khokhan And ANR. v. State Of Chhattisgarh And ANR.
HIGH COURT OF CHHATTISGARH, BILASPUR SB: HON'BLE SHRI JUSTICE C.B. BAJPAI ------------------------------------------------------------------------------------ TRANSFER PETITION (Criminal).
No. 26/2014 Petitioners Subrat Saha @ Khokhan and another
Versus
Respondents State of Chhattisgarh and another ------------------------------------------------------------------------------------ Appearance:
Shri B.D. Guru with Shri Rajendra Tripathi, Advocates for the petitioners.
Shri Akhilesh Mishra, Panel Lawyer for the State/respondent No. 1.
Shri Shailendra Gorakh, Adv. for respondent No. 2. ------------------------------------------------------------------------------------
ORDER
(4-3-2015) 1.
By this order, Transfer Petition (Criminal) filed by the petitioners for transfer of Special Sessions Trial No. 47/2013 pending in the Court of Special Judge, Balod (State -vSubrat Saha and another) to any other Sessions Court of the State of Chhattisgarh is being disposed of.
2.
Brief facts of this case are that the petitioners are facing trial before the concerned Court as Police Station, Dondi has registered Crime No. 3/13 under Sections 450, 376, 506, 355-A, 342 and 109 of Indian Penal Code. The petitioners prayed to this Court for transfer of said special sessions trial to any other special sessions court of State of Chhattisgarh on the ground that manner of recording evidence of prosecutrix deserves the case to be transferred to any other court for fair and impartial justice. Petitioners prayed that looking to the contention of the petitioners and the allegations in the petition, the matter may be transferred to some other court.
3.
I have heard learned counsel for the parties and perused the material available.
4.
Learned counsel for the petitioners supported the grounds
raised in the petition and submitted that on the basis of the facts and circumstances of the case, the petition may be allowed and the case may be transferred to some other court. 5.
Learned counsel appearing for the respondents opposed the petition and submitted that no ground is available for transfer of the petition and the petition may be dismissed. 6.
In order to appreciate the arguments advanced on behalf of the parties, I have perused the petition and the documents including the order sheets of the trial Court. 7.
On due consideration while perusing the order sheets dated 18-11-2014 and 19-11-2014, this court is of the view that there is no reason to hold that the trial Court's procedure is wrong or contrary to law. On the other hand, both the order sheets assigned due reason for the procedure followed during trial by the trial Judge. Looking to the entire documents including both the order sheets and the photo copies of the statements of witnesses including statement of prosecutrix, it would not be appropriate to hold that the trial Court is erred in applying the procedure of law or going in a partial manner. There is no ground available for the moment to the petitioners so that the case may be transferred from the concerned trial Court to some any other court. 8.
Consequently, the transfer petition being devoid of merit deserves to be and is hereby dismissed.
9.
Consequently, I.A. No. 1 for interim relief also stands dismissed.
Judge