RAM KUMAR SINGH Vs. STATE OF RAJASTHAN
HIGH COURT OF RAJASTHAN
RAM KUMAR SINGH
STATE OF RAJASTHAN
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K. S. SIDHU, J. -
(1.)THIS application is not maintainable because the petitioner did not apply to the learned Sessions Judge and obtain orders from him in accordance with the provisions of Section 408 Cr. P. C. Section 407 Cr. P. C. lays down that no such application shall be entertained by the High Court unless the petitioner has made an application under Section 408 Cr. P. C. and such application has been rejected by it. Consequently this application for transfer of this case from the court of Shri Radhey Shyam Sharma, Additional Sessions Judge No. 2, Alwar, Camp Behror is dismissed as not maintainable. The petitioner is however, free to move an application before the learned Sessions Judge, Alwar under section 408 Cr. P. C. and obtain orders from him if still so advised.
(2.)THE stay granted vide order dated 5-6 84 is vacated
A copy of this order may be communicated to the learned Additional Sessions Judge for further proceedings according to law. .
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