ar at lrr Nn IF! a‘F 9I§Q a vvv Harish Kumar Yadav S/o Laxmi Prasad Yadav, Aged about 30 years ‘ Occupation proprietdr Elec'tronic Shop, rlo sarangarh Di$tt.Raiga,rh Chha‘étisgarh Versus Appiicant x Hari ai Yadav S/o Nanhu Yadav Aged about 54 years Occupaiaora Mia Nlsha Stee! Furniture Works sarangrh RIO lnfront of Jawahar Bhawan Ralpur Road Sarangarh Distt. Shyamdev Bhardwa; ska Dukh La: -Ralgarh Cnhattesgarh r » ‘ 'Bhardwaj, Aged about 33 years Rio ‘Vtll Godlharl Tah Sarangarh Dis'i ‘Rargarh (Cu) 'Laht Patei Slo Chalwn Pate} Age ’ abcut 29 year: Rlo Sarangarh Tah Sarangarh Distt Ralgarh (C G) ‘Yuvraj Patel Sio Gajanand Patei’ Aged about 24 years Rlo VIH Chandrapur Tah Dabhara Dlstt Janjgir -‘ Champa (C.G.) Peenlai Jangde S/o Bodh Lahare ‘Ag‘edabo’ut 20 years Rfo Vill. Makla ‘A" P.O. Pas'id, Tah. Safangarh, Dist‘t. Raigarh (CE) . ‘Shivshankar‘ Sahu Slo Heeraial Sahu ”aged about 19 yearsViii. Kotri, Tah. & DisttrS’arangarh, Distt. Raigarh (C.G.) Ramkum‘ar Maitri S‘io. Lakeshwar Pfasad Maitrs Rio WE Kanakblra Tah‘ Sarangam dEstt Raigarh (C G) Dmp Ware Sfe Purushoiam Ware Aged abeut 23 years R/o VIH : Kotmara Post Khan hote Tah. Sarangarh Exstt Ralgarh (CG Dorrial Bhardwaj Sio Jalla£ Bhardwa; Aged abeut 24 years Rlo VIH Chote iendhra Tah Sarangarh Dist: . Raigarh (CG) ' ‘Klshore Jangde S/o Lochan Prasad Jangde Aged about 22 years R/o Wk Pratapgan} Sarangarh “ Tah Sarangarh Distt Rargarh (C G) Trraram 3am: Sic Kamta Prasad Sahu Aged about 38 years Rio VIII ‘Ranpagura Tah i Saraangarh v Drstt Ratgarh (C G) DeepaK Yadav/S/o Lakahan Yadav Aged about 19 years RXG Jar'para Sararrg'arh, Distt. Raigarh (C.G.) Non-appticants W. w i“ .. 'N THE HIQH CQURT OF JUDICATURE AT BILASPUR T P ‘‘ Q d. v 3 - ‘ w : ‘ ) It ”:13. ‘Sukhram Nishad Aued Nxshad about 19 Sio vears Kartlkram Rlo VIII “‘ ”a” wbm. ‘ Tah Sarangarh Distt Ralgarh (CG) APPLICATION UIS 407 OF THE CGDE OF CRIMINAL PROCEDURE {SB Hon bie Shari Justice T P Sharma) nnuul nnuce la Present . ‘ Shn Neelkanth Maiwya Advocate for the anplicant. O R D E R , ‘ (Passed an 3rd Apr“ 2008) V The appiicant has filed this petition under section 407 of the Code " cf Cnmmal Pmcedure 1973 (he emafter referred to as, “the Code”) for transfer of Criminal Rewsuon No. 1812007 pending befoye the v Additional Sessions Judge Sarangarh on the ground that the/(5’. Addmonai Sessions Judge has dfsciosed his mlnd that he Wm gwe o V relief to the opposite party the opposrte party was found movmg near the house of the Addatlonal Sessrons Judge and the Additional' I Sessmns Judge has acted in hasty manner not fotlowed the correct V ' procedure of law Without tssumg notice to the rest of the Dames I the revusronal court has proceeded for hearing Counsel for the applicant heard Appiication, order dated 13 11 2007 to 30 11 2007 passed by they Additional Sessions Judoe Sarangarh in Criminal Revrsion No 1 '18I2007 copy of the aopiication fled before the Sessions Judge, Raigarh under section 408 of the Code copy of the affrdavrt of Shri P L Aadltya Advocate copv of the reply of the petition filed under. section 408 of the Code copy of the order dated 4 2 2008 passed by the Sessions Judge Ralgarh perused 5. Appiication for chaltenging the maintainability of revision was fited before the revisionat court on behalf of the'present appiicant under section 397 (2) of the Code. Copy of the; same was given to the .non-apphcant it was requested on behalf of the apphcant e '(non-amoilcant therein) that stay application be heard After heanng the parties the Court directed to re rder to dlspose of hese apans (stay appan and an fled uner ’ secn 397(2) of the Cod by the present pnt) and also ected that after pasg the orerin the aforesaid pplications iecn relating to istrance of notice to rest parties Will bev t plictio lictio applictio d tio e aplica It Is dir sm d a drtio s considered. >Transfer petition was filed b the pplicnt before thSsion i JudgehRaigarh and intimati was given ohe revisional court on 30.1 .2007 (on he dat of hearing). The revisional court stayed the proceeding o his Court till further direion of the ssions Judge, Raigarh. Finally, tnser petition was dismisse by the Sessions Judge. Ain etition unde section 407 of the Code for tranfr of the revision has bn flied by the appliant before this Court. it i arued on behal of the applicant that the applicant s haVing reasonable aue that he will not get justice fro the Additiona Sessions Judge, Sarangarh. The Additional Sessions Jue has acted in hasty anner and disclosed his mind in n Court by directing the opposite party that you are alrdy Waiting again wait for 2-4 days yo wiil get relief. lt is also argued thatthe alicat is represented through Shri P.L. Aaditya, Advocate who had tiled afhdavit before the Sessions Judge in which it is written that the revisional court had heard on the stay application med by the opposite party and directed that he has posting the same for order, .‘but on the request of Shri P.L. Aaditya, Advocate, parties are heard“ . on the application tiled on behalf of the applicant under sectioh 397(2) of the Code relating to maintainability of revision. Both the parties cited the authorities, but Court has instead of fixing the case file ply,_ n o y aa eess on tft 1 t e f ct Se raf d ga p r se ee c s g f i cs m l dg m ope ea u ppn ’ for‘ dfder,=fixed ihe case for re'ply and afgument and also directed to I mite the authorities cited on behalf of..the&j.a'ppiicant to the oppoSite I party. OppOSite party was found 'around‘ihe residence of the. Additional Sessions Judge, Sarangarh and opposite party says that he has managed the Judge and he will get the order in his favour. Lastly, it is argued that the Court shouid be impartiaiiy and not be prejudiced against any party and a fair and partial trial is mandate of the law. In absence of congenial atmosphere for a fair and impartial trial, would be ground for transfer 8. Reliance is placed on behalf of the applicant in the case of Mrs. Maneka Sanjay Gandhi and another ‘v. Miss Rani -» Jethmalani reported in AIR 1979 SC 468 in which the Hon‘ble Supreme Court has held that in absence of congenial atmosphere fora fair and impartial trial the case may be transferred. Reliance is also placed in the case of Mohd. Javed & others vs. State of C.G. reported in 2006 (3) C.G.L.J. 479 in which it has held that in case of reasonable apprehension that the applicant will not get a fair trial, constitute the grounds for transfer. in the case of Mohd. Javecl & others’s (supra) it has held that during the pendency of case crowd used to come near the premises of the Court and used to shout that “Hatyaro Ko Mmtudand Dr'ya Jawe"- and advocates of Kanker have refused to represent the applicants for trail. Defrniteiy if any kind of pressure is created near the premises of the Court including refusal of the advocates'to represent the applicants that will affect a fair and impartial trial. _ .ln the instant case, facts argued specially on the basis of affidavit of Shri P.L. Aaditya, Advocate do not find place in the order of the revisional court, on the other hand the learned revisional court has afforded an opportunity of hearing to both the parties and posted Bl- 3 the case for reply and argument After recelvmg the Intimation the applicant Is applied for transfer of the case The Court has suo mote stayed the proceeding it Is not a case that opposne party made or contacted With the Judge or Judge has sard that he rs managed by the parties or there s . is_some positive allegation that the Judge is otherwise close to any “party. No check is possibileupon the parties to say that they have managed and no person can be stopped for moving near the house L ' of any person Including the house of the Judge 12. After careful examination of the documents and haying heard the -' argument advanced on behalf of the applicant, l am of the opinion that the trial court has not acted in hasty manner and not disclosed . his mind. No case of unfair or partial or prejudicial hearing is made out to transfer the case from the Additional Sessions Judge, Sarangarh. Consequently, the petition is dismissed at the stage of admission. *Ff F hear—z Sd/- l T.P. SHARMA l Judge l _, ‘ J