[1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R S.B. CRIM. MISC. TRANSFER APPLICATION NO. 16/2008 INAYATULLA @ INAYAT KHAN Vs. STATE OF RAJASTHAN & ANR. Date: 12.08.2008 HON'BLE MR. JUSTICE K.S. RATHORE Mr. S.R. Surana for the applicant/petitioner. Mr. B.S. Chhaba, Public Prosecutor for the State. **** The present criminal transfer application under Section 407 Cr.P.C is directed against the order impugned dated 30.06.2008 passed by the District & Sessions Judge, Jaipur City, Jaipur in Criminal Transfer Petition No. 2236/2008, by which the transfer application of the petitioner has been rejected. Brief facts of the case are that the petitioner moved an application to transfer the case from the Court of Additional Sessions Judge (Fast Track) No.2, Jaipur City, Jaipur to any other Court of Jaipur City alleging therein that the Presiding Officer has decided the application without giving opportunity of being heard to the petitioner. Resultantly, the petitioner filed a misc. petition under Section 482 Cr.P.C. before this Court against the order dated 06.05.2008 passed by the Additional Sessions Judge (Fast Track) No.2, Jaipur City, Jaipur, whereby the [2] application of the petitioner to supply the document under Section 207 Cr.P.C. has been rejected. This Court vide order dated 18.06.2008 while allowing the misc. petition, quashed and set- aside the order dated 06.05.2008 passed by the Additional Sessions Judge (Fast Track) No.2, Jaipur City, Jaipur and directed the trial Court to afford an opportunity of being heard to the petitioner and decide the matter afresh in accordance with the provisions of law. It is contended by the learned counsel appearing on behalf of the petitioner that being annoyed with the order passed by this Court whereby the order impugned passed by the trial Court was quashed and set-aside, the Additional Sessions Judge (Fast Track) No.2, Jaipur City, Jaipur vide its order dated 23.06.2008 expressed her inability to hear the matter afresh on account of remarks and comments of the Advocate Mr. Surana and requested that the matter be transferred to other Court, but the District & Sessions Judge, Jaipur City, Jaipur having considered the order-sheet drawn on 23.06.2008, rejected the application of the petitioner for seeking transfer of the case to any other Court vide his order impugned dated 30.06.2008. I have heard rival submissions of the respective parties and carefully gone through the [3] order impugned dated 23.06.2008 passed by the trial Court as well as the order dated 30.06.2008 passed by the District & Sessions Judge, Jaipur City, Jaipur. Looking to the facts and circumstances of the case, the material available on the record and in the interest of justice, it will be appropriate to allow the present criminal transfer application and transfer the case from the Court of Additional Sessions Judge (Fast Track) No.2, Jaipur City, Jaipur to any other Court of Jaipur City or be heard by the District & Sessions Judge, Jaipur City, Jaipur himself. With these observations, the present criminal misc. transfer application stands allowed. Record be sent back forthwith. (K.S. RATHORE),J. /KKC/ [4] S.B. CRIMINAL MISC. STAY APPLICATION NO. 706/2008 IN S.B. CRIM. MISC. TRANSFER APPLICATION NO. 16/2008 INAYATULLA @ INAYAT KHAN Vs. STATE OF RAJASTHAN & ANR. Date: 12.08.2008 HON'BLE MR. JUSTICE K.S. RATHORE Mr. S.R. Surana for the applicant/petitioner. Mr. B.S. Chhaba, Public Prosecutor for the State. **** Since the transfer application has been allowed, the stay application stands disposed of. (K.S. RATHORE),J. /KKC/