K.D.SHARMA, J. - (1.) HEARD the learned counsel for the petitioners the Public Prosecutor for the State and perused the record. The petitioners have invoked inherent jurisdiction of this Court by way of filing an application under section 482, Criminal Procedure Code for setting aside the order passed by the learned Sessions Judge Sawai -Madhopur on December 4, 1981, whereby the application of the petitioners, for re -transfer of the case from the court of the Additional Sessions Judge, Gangapur City to the court of Sessions Judge, Sawai Madhopur was rejected.
(2.) IT appears from the record that the petitioners were being tried for offences under sections 376, 342 and 323 Indian Penal Code in the court of the Sessions Judge, Sawai Modhopur. 'The learned Sessions Judge, recorded the plea of the petitioners and thereafter recorded the evidence of 5 prosecution witnesses. In the course of taking down the statement of Mst. Shantoo the learned Sessions Judge, appended the following note to her incomplete statement: - ...[VERNACULAR TEXT OMITTED]... and passed an order that the case be transferred to the court of the Additional Sessions Judge, Gangapur City. Accordingly, the case was transferred from his court. The learned counsel for the petitioners contended before me that no good ground for transferring the case to the court of the Additional Sessions Judge, Gangapur City, because if the Sessions Judge felt annoyed by any remark or observation of the learned counsel for the petitioners he was not Justified on this score by transferring this case to penalise the petitioners by putting them to great inconvenience and hardship in going to and coming from Gangapur City on each and every date of hearing of their case. The learned Public Prosecutor also could not succeed in supporting the order of the Sessions Judge, Sawai Madhopur, regarding transfer of this case from his court to the court of the Additional Sessions Judge, Gangapur City. Consequently I am of the view that the Sessions Judge, Sawai Madhopur, committed an error in transferring this sessions case from his court to the court of the Additional Sessions Judge, Gangapur City on the ground that he felt annoyed with certain remarks or observations made by the learned counsel for the petitioners in the, course of examination of the prosecution witness, namely, Mst. Shantoo on September 28, 1981. Such an order of transfer is wholly unjustified, especially when the Sessions Judge proceeded to conduct the trial and in fact examined as many as 5 witnesses. Apart from this, he sought to have considered the convenience of the witnesses and the accused persons before making up his mind to transfer the case to some other court in his sessions division.
(3.) HENCE , I accept the application filed by the petitioners under section 482, Criminal Procedure Code and set aside the order of transfer dated September 28, 1981 and the subsequent order passed by him on December 4, 1981 and direct that the Sessions Case No. 77 of 1981 State v. Buniyas alias Bundoo and others pending in the court of the Additional Sessions Judge, Gangapur City be transferred from that court to the court of the Sessions Judge, Sawai Madhopur for trial in accordance with law. The learned counsel for the petitioners is directed to inform the petitioners to appear in the court of the Sessions Judge, Sawai Madhopur on August 16, 1982. Petition allowed.;