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Dharamvir Vs. State

Dharamvir vs State

Type Court Judgment Court Delhi Decided Apr 29, 1985
~1 min read
https://sooperkanoon.com/case/688202

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Citation
Court
Delhi High Court
Judge
Decided On
Case Number
Criminal Miscellaneous (Main) Appeal No. 357 of 1985
Subject
Criminal

Case Summary

AI-generated summary - not the official court judgment text.

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Key legal issue
Criminal
Acts & sections
Code of Criminal Procedure (CrPC) , 1973 - Sections 313

Parties & Advocates

Appellant / Petitioner

Dharamvir

Advocate K.K. Sud,; Rajiv Chauhan and; B.T. Singh, Advs

Respondent

State

Legal References

Reported In
28(1985)DLT254

Excerpt

- j.d. jain, j.(1) this is an application for transfer of a session's case now pending in the court of sh. p s. sharma to that of shri k.b. andley, additional sessions judge, new delhi. admittedly, a part of the evidence was originally recorded by shri j.d. kapur, the then additional sessions judge, trying this case. subsequently it was taken over by shri k.b. andley. he has examined as many as a dozen of prosecution witnesses which now stand concluded, and the accused has to be examined under section 313 of the code of criminal procedure. due to transfer of shri andley, the case has been assigned to his successor shri p.s. sharma. the submission of the learned counsel for the petitioner is that since shri andley has already recorded almost the entire evidence, it would be in the interest of justice that he disposes of this case finally. the request seems to have considerable merit. accordingly, this application is allowed and this case is transferred from the court of shri p.s. sharma to that shri k.b. andley, additional sessions judge, new delhi who shall dispose it of in accordance with law.

Full Judgment

J.D. Jain, J.

(1) This is an application for transfer of a Session's case now pending in the court of Sh. P S. Sharma to that of Shri K.B. Andley, Additional Sessions Judge, New Delhi. Admittedly, a part of the evidence was originally recorded by Shri J.D. Kapur, the then Additional Sessions Judge, trying this case. Subsequently it was taken over by Shri K.B. Andley. He has examined as many as a dozen of prosecution witnesses which now stand concluded, and the accused has to be examined under section 313 of the Code of Criminal Procedure. Due to transfer of Shri Andley, the case has been assigned to his successor Shri P.S. Sharma. The submission of the learned counsel for the petitioner is that since Shri Andley has already recorded almost the entire evidence, it would be in the interest of justice that he disposes of this case finally. The request seems to have considerable merit. Accordingly, this application is allowed and this case is transferred from the court of Shri P.S. Sharma to that Shri K.B. Andley, Additional Sessions Judge, New Delhi who shall dispose it of in accordance with law.

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