Dhaniram @ Dhanni Vs. the State of Madhya Pradesh - Court Judgment

M.Cr.

C No.3033/13 13.3.2013 Shri P.C.Batri, learned counsel for the applicants.

Shri Pramod Chourasia, learned P.L.for respondent/State.

Heard.

The applicants/accused have filed this petition under Section 407 of Cr.P.C.for transferring of the pending Sessions Trial No.77/12, from the Court of Sessions Judge Panna, to some other competent Sessions Court for it’s further trial and adjudication.

After taking me through the averments of the petition applicants’ counsel argued that the trial Court has given up those prosecution witnesses who wanted to depose the statement in favour of the applicants/accused.

In continuation he said that, in the aforesaid premises, the trial Court is not holding fair and impartial trial so the applicants could not defend themselves before the present Court in which the aforesaid trial is pending.

In addition to it, the prayer of transfer is also made stating that the trial Court is interested to record the statements of only interested witnesses of the prosecution and not the other independent witnesses.

Having heard keeping in view the arguments advanced by the applicants’ counsel, I have carefully gone through he averments of the petition as well as the certified copy of the order sheet dated 23.1.2013.

After going through the same, I have not found any single circumstance which could be a foundation to transfer the case from the aforesaid Sessions Court to any other Sessions Court for further trial and adjudication.

So far non- examination of some of the prosecution witnesses as alleged who have been given up by the trial Court is concerned, I am of the considered view that non-examination of the prosecution witnesses does not create any circumstance to drawn the inference against the applicants/accused, on the contrary on account of non-examination of such prosecution witnesses, the adveRs.inference may be drawn against the prosecution case.

In such premises, I have not found any cause to transfer the case from such Court to any other competent Sessions Court and in such premises, it could not be deemed that the trial Court is not holding fair and impartial trial in the matter.

I deem fit to observe that in case the applicants/accused herein wants to examine any of the prosecution witnesses, who have been given up by the prosecution or the Court, then at the stage of adducing the evidence, the applicants shall be a liberty to examine those witnesses as defence witnesses by filing the appropriate application in that regard.

Simultaneously the trial Court is directed that after entering into defence if any such application is moved on behalf of the applicants to examine those witnesses who have been given up by the prosecution or the Court then, the same could be considered keeping in view that every possible opportunity should be extended to the accused to defend his case.

In the aforesaid premises, at present there is no merit in the present petition.

Consequently, the same is hereby dismissed but with aforesaid observations, liberty and directions.

Certified copy as per rules.

(U.C.Maheshwari) Judge Pb