CHINTARAM Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This order disposes of petition filed under section 482 and section 407 Cr.P.C read with Artice 227 of the Constitution of India.

(2.) This petition has been filed against the order dated 01.12.2018 of the Sessions Judge, Dewas rejecting the transfer of criminal case No.359/2010 pending in the Court of Special Judge (SC/ ST Act ), Dewas in which the petitioners are facing trial for committing offence under sections 148 , 452 , 294 , 307 / 149 , 353 / 149 IPC and also under section 3 of Prevention of Damage to Public Property Act, 1984 read with section 149 of IPC.

(3.) The petitioners had submitted before the Sessions Judge that the trial Court was acting in prejudicial manner and, therefore, petitioners had filed an application under section 408 Cr.P.C which was registered as MJC No.485/18 which was however rejected. In the petition filed under section 482 Cr.P.C it has been stated that an application for urgent hearing was filed by the petitioners before the Sessions Judge on 20.11.2018. The Sessions Judge, Dewas orally expressed reservations against hearing the arguments on realizing that the constitution of special Courts and appointment of Special Judge is done by the High Court and, therefore, he did not hear the case on merits. However, in the proceedings the Sessions Judge recorded that the arguments were heard and fixed the date of pronouncing the order. However, on 01.12.2018 the Sessions Judge passed order on merits of the case. This was contrary to his earlier stand that he lacks jurisdiction as per verbal exchange. Thus, the order was passed on merits without giving opportunity to the petitioners for making submissions on merit. Therefore, on 04.12.2018 petitioners filed an application in the transfer case seeking opportunity of placing arguments on merits. This application was, however, rejected by the Sessions Judge. Thus, the order pronounced by the Sessions Judge is allegedly illegal, improper and unreasonable as the same was passed without providing opportunity of leading arguments on merits and principles of natural justice have been violated. The petitioners prayed that impugned order dated 01.12.2018 and 04.12.2018 be quashed and that criminal case No.359/2010 be transferred from the Court of Special Judge, Dewas.