Kamdhenu Goseva Mandal, Dharangaon Through President Chatrabhuj Shamrao Patil v. The State Of Maharashtra And Another

2024:BHC-AUG:11943 965-CrWP-991-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 991 OF 2024 KAMDHENU GOSEVA MANDAL, DHARANGAON THROUGH PRESIDENT CHATRABHUJ SHAMRAO PATIL

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for the Petitioner : Mr. Dipesh D. Pande APP for Respondent No.1 : Mr. S. B. Narwade ...

CORAM : S. G. MEHARE, J.

DATE : 26-06-2024 PER COURT :- 1.

Heard the learned counsel for the petitioner and the learned counsel for respondent No.1. Respondent No.2 was served, but did not appear.

2.

Learned counsel for the petitioner submits that he moved an application before the learned Sessions Judge, Jalgaon to transfer Criminal Revision Application No.33 of 2024 pending before the District Judge-2 and Sessions Judge, Jalgaon specifically pointing out the statements of the Presiding Officer, which are not reproduced to avoid further complications. However, the statement of the Presiding Officer have been produced before the Court.

965-CrWP-991-24.odt 3.

Considering the submissions of the learned counsel for the applicant and to avoid the feeling of bias, the Court is of the view that the above revision may be made over to another Sessions Court. Hence, the following order :-

ORDER

i) Criminal Writ Petition is allowed.

ii) The order of learned Sessions Judge, Jalgaon, in Criminal Miscellaneous Application No.75 of 2024 dated 08.05.2024 stands quashed and set aside.

iii) Criminal Revision Application No.33 of 2024 pending before the learned Additional District Judge-2 and Sessions Judge, Jalgaon, is withdrawn and the learned Sessions Judge is directed to make it over to the another competent Court. ( S. G. MEHARE ) JUDGE rrd