The Honourable District Judge-6 And Additional Sessions Judge, Ahmednagar v. The State Of Maharashtra

1 2772.2017Cr.appln.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

BENCH AT AURANGABAD.

CRIMINAL APPLICATION NO.2772 OF 2017 THE HONOURABLE DISTRICT JUDGE - 6 & ADDITIONAL SESSIONS JUDGE, AHMEDNAGAR .. Applicant

Versus

THE STATE OF MAHARASHTRA .. Respondent ...

APP for the State / Respondent : Shri. S.P. Tiwari .....

CORAM : P.R. BORA, J.

DATE : AUGUST 7, 2017 PER COURT :

.

The report is received from the Sessions Court at Ahmednagar seeking transfer of the Session Case No.265/2014 pending on the file of District Judge - 6 & Additional Sessions Judge, Ahmednagar namely Shri.S.R. Navandar to any other competent Court. The aforesaid Session Case is part heard. The entire evidence has been recorded and now the matter is for further consideration i.e. for recording the statement of the accused under Section 313 of the Code of Criminal Procedure and then to hear the arguments. As has been reported by Shri. S.R. Navandar, the learned District Judge - 6 & Additional Sessions Judge, Ahmednagar, he may not be able to take the said matter for hearing since the Counsel, who is appearing in the said matter for accused, was his colleague when he was practicing as

2 2772.2017Cr.appln.doc lawyer.

2.

The learned Judge has initially preferred an application to the learned Principal District Judge at Ahmednagar, however, the learned Principal District Judge expressed his inability to withdraw the said Session Case from the Court of Shri. Navandar at the said stage. In view of the aforesaid facts, the request so received deserves to be considered and hence, the following order is passed.

ORDER

1.

The Session Case No.265 of 2014 pending on the file of District Judge - 6 & Additional Sessions Judge, Ahmednagar stands transferred to the Court of District Judge - 5 & Additional Sessions Judge at Ahmednagar for its disposal in accordance with law. Inform accordingly.

(P.R. BORA, J) ggp