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2007 DAILYLAW 2652 (DEL)

CHELMSFORD CLUB v. STATE

2007-10-12

Shiv Narayan Dhingra

body2007
( 1 ) THIS petition has been made under Section 482 Cr. P. C. by the petitioner with a prayer that this Court should pass necessary orders to safeguard the procedure of the trial from being perverted by respondent no. 2, i. e. , accused and issue appropriate orders and directions for protection of delivery of criminal justice system. ( 2 ) THE background of this petition is that vide order dated 3rd october, 2006, this Court allowed a Revision Petition and set aside an order on charge dated 3rd June, 2006 as well as charge framed on 3rd June, 2006 and observed that the matter requires re-look. This Court gave direction that the matter be placed before the learned District Judge for allocation to appropriate court for consideration of charge, if any, to be framed in this matter after hearing the parties afresh. The matter was to be placed before the District judge on administrative side in the first instance on 18th October, 2006. ( 3 ) THE petitioner has submitted that the respondent/accused has been trying to derail the entire trial. The charges were framed by the Court of sh. V. K. Bansal, Additional Sessions Judge after the order of this Court dated 3rd October, 2006. This case was marked to the Court of Sh. S. N. Gupta, ASJ. On 16th and 18th October the respondent made an unnatural utterances in the court which was heard by complainant and petitioner filed an application seeking transfer of the case from the Court of Sh. S. N. Gupta, ASJ to another Court. The application was made before the District Judge. The respondent caused delay by seeking an adjournment on one and another ground and the proceedings remain standstill and the trial was forced to become ineffective. ( 4 ) I consider that it is a prerogative of the District Judge to mark the case to any of the Sessions Judges. This Court had not given direction that the case has not to be marked to the same Judge who had earlier heard the charges. The purpose of sending the parties to the District Judge was that sessions Judges keep on changing and the District Judge on receipt of the Trial court record should mark the same to any of the Sessions Judges handling the criminal cases. The purpose of sending the parties to the District Judge was that sessions Judges keep on changing and the District Judge on receipt of the Trial court record should mark the same to any of the Sessions Judges handling the criminal cases. This Court had not observed that this Case is not to be marked to the Judge who was earlier ceased with the matter. Mere utterances by accused in the Court over heard by the complainant also is not a ground for transfer of a case from one Judge to another Judge. The file is sent back to the Court of district Judge who shall preferably mark this case to the same Sessions Judge who had earlier heard the case and passed the order on charge and was aware of the entire facts and circumstances if he is still on the criminal side. The parties shall appear before the District Judge on 24th October, 2007.