IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 3052/2007 [Narendra Martandrao Deshmukh vs. State of Mah.] --------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's orders. CORAM : S.R.DONGAONKAR, J DATED : 7 th JANUARY, 2008. Heard Shri C.A.Joshi, Advocate, for the applicant and Shri Thakare, A.P.P. for respondent State. By this application under Section 407 of Cr.P.C., the applicant is seeking transfer of Special Case No. 2/2005 pending on the file of Ad-hoc Additional Sessions Judge, Akot, to any other Court of Sessions, saying that he would not get justice in that Court. Learned counsel for the applicant has contended that, initially the applicant had moved an application for adjournment on the ground that he was ill. His application was rejected and N.B.W. was ordered to be issued against him. Further, the letter was sent by the learned trial Judge to the concerned P.S.O. directing P.S.O. to take steps to serve the warrant. On perusal of the contents of the application preferred by the applicant before the learned trial Judge for adjournment as well as the contents of the letter issued by the learned trial Judge to P.S.O. for effective service of N.B.W. and the confidential report of Ad-hoc District Judge-1, Akot, it does not appear to me specifically that the learned trial Judge has any prejudice against the applicant. No doubt, the adjournment application of the applicant was rejected and the N.B.W. was ordered to be issued, that fact by itself will not sufficient for coming to the conclusion that the learned trial Judge has some bias against the applicant and therefore, he would not get the justice. In these circumstances, this application cannot be allowed, however, the applicant is granted liberty to move fresh application for transfer of his case, if necessary, in future, if the circumstances so warrant. The application stands disposed of. JUDGE Rvjalit