A.S.GODARA, J. - (1.) THIS Transfer Petition under Section 407, Cr.P.C. has been moved by the petitioner in respect of Sessions Case No. 60/96: Sohan Singh and Ors. v. State of Rajasthan, presently, pending trial in the Court of Special Judge, SC/ST (Prevention of Atrocities Cases) -cum -Addl. Sessions Judge, Jodhpur, after a similar transfer petition purporting to have been filed under Section 407, Cr.P.C. before the learned Sessions Judge. Jodhpur was dismissed vide order dated 17 -6 -1996.
(2.) BRIEFLY stated the facts and circumstances giving rise to the present petition of the petitioner is as follows: The accused -petitioner alongwith five other co -accused persons was challaned by the police of Police Station of Luni, after completion of investigation of F.I.R. No. 59/88 under Sections 395 and 384. I.P.C. registered on the report lodged by Gulam Mohd., in the Court of Munsif & Judicial Magistrate, First Class. Jodhpur District. The learned Magistrate in turn, committed the case to the Court of the learned Sessions Judge, Jodhpur. The learned Sessions Judge, in exercise of his power vested under Section 194 of the Code of Criminal Procedure, made over this case to the Court of Addl. Sessions Judge No. 2. Jodhpur whereat the same was registered on 13 -6 -1989, itself. This case remained pending in the same court till the same was ordered to be withdrawn from the same and further transferred to the court of Special Judge (trial of cases under the Essential Commodities Act), which was also vested with the power of Sessions Judge to be exercised within the territory of Jodhpur District by the Hon'ble High Court in exercise of its power under Section 9(3) and (6) of the Code of Criminal Procedure vide its order dated 28 -1 -1988.
(3.) THE prosecution examined as many as 7 witnesses beginning from 22 -2 -1995 to 11 -7 -1995 and, thereafter, no witness has been examined.;