Madhya Pradesh High Court
Virendra Kumar vs The State Of Madhya Pradesh on 13 March, 2018
HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE M. Cr. C. No.8894/2018 (Virendra Kumar Vs. State of M. P. and Others) -1- Indore, dated 13/03/2018 Parties through their counsel.
The present petition has been filed under Section 407 of the Code of Criminal Procedure, 1973 for transfer of Sessions Trial No.19/2010 from the Court of Special Sessions Judge, Indore under the SC/ST Act to some other Court.
Various grounds have been argued by learned counsel for the petitioner. Office has also brought to the notice of this Court order dated 12/02/2018 passed on administrative side, which was passed by the Portfolio Judge and on the same subject matter an order on the administrative side has also been passed for transferring the matter to some other Court.
Learned government advocate Shri H. Y. Mehta has not objected to the prayer made by the petitioner and therefore, keeping in view the the totality of the circumstances of the case and the order passed on administrative side, this Court is of the opinion that the matter be transferred to some other Court and it is ordered accordingly that the Sessions Trial No.19/2010 be transferred to the Special Judge, Dewas.
The record be transmitted immediately to the Special Judge, Dewas and the matter be fixed before the Special Judge, HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE M. Cr. C. No.8894/2018 (Virendra Kumar Vs. State of M. P. and Others) -2- Dewas on 26/03/2018. Not only this, the learned Special Judge, Dewas is directed to conclude the trial positively, as the matter is at final hearing stage, within a period of 60 days from the date the matter is received in his Court. It is made clear that the allegations levelled against the learned Special Judge, Indore, who is dealing with the matter are baseless unsustainable allegations and have got no substance in it.
With the aforesaid, present petition stands allowed. Certified copy as per rules.
(S. C. SHARMA) JUDGE Tej Digitally signed by Tej Prakash Vyas Date: 2018.03.13 17:35:48 +05'30'