PRASHANT KUMAR AGARWAL,J. - (1.) The accused-petitioners have filed this application under Section 407 Cr.P.C. with a prayer to transfer Sessions Case No.41/2005 presently pending before Special Judge (Fake Currency Cases) Jaipur Metropolitan, Jaipur to any other competent court as petitioners feel that they would not get a fair and impartial trial at the hand of present Presiding Officer of the aforesaid Court as revealed from his alleged conduct and behaviour towards petitioners soon after he assumed the charge of the Court.
(2.) As per the averments made in the transfer application it is shown that the aforesaid matter for offence under Sections 4-B and 5 of the Explosive Substances Act is pending against them for last 24 years and it is pending before the aforesaid Court for last 13 years and presently it is fixed for final hearing. It is the case of petitioners that evidence of PW60-Shri Ramesh Chand Sharma, a Police Officer, was closed by the Court as he failed to appear for his cross-examination despite several opportunities were granted to him but when the present Presiding Officer assumed the charge of the Court he asked the Public Prosecutor to move an application under Section 311 Cr.P.C. for recalling the aforesaid witness and at the instance of the Presiding Officer such application was filed and the same was allowed vide order dated 21.11.2015 and PW60 was recalled and ultimately his examination was completed. It is further the case of petitioners that cost of Rs.2,000/- was imposed upon the petitioners although time was sought by them as their counsel was ill and could not appear before the Court on a particular date which also shows aggressive behaviour of the officer towards them. It has further been averred by the petitioners in the application that during the course of hearing of the matter some comments were made by the officer as quoted in the application which also shows hostile attitude and behaviour of the officer towards petitioners and as a result thereof they are apprehending that they would not get fair and impartial trial from the present Presiding Officer and they have lost complete faith in him.
(3.) Copy of the application was sent to the concerned Presiding Officer and his comments were sought which have been duly furnished.;