vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.904 OF 2008 WRIT PETITION NO.904 OF 2008 WRIT PETITION NO.904 OF 2008 Ramesh Ishwar Kadtare ... Petitioner V/s. The State of Maharashtra & anr. ... Respondents Mr.R.R. Kalekar for Petitioner Mr.D.P. Adsule, APP, for State Mr.S.S. Suryawanshi for Respondent No.2 CORAM: SMT.NISHITA SMT.NISHITA SMT.NISHITA MHATRE, J. MHATRE, J. MHATRE, J. DATED: APRIL 24, 2008 APRIL 24, 2008 APRIL 24, 2008 P.C.: P.C.: P.C.: . Rule. By consent of the parties, Rule called out and heard finally. 2. The grievance of the petitioner is that the JMFC, Ichalkaranji is not giving him a fair hearing and, therefore, he has sought a transfer of criminal case No.528 of 2006 from JMFC1, Ichalkaranji to any other JMFC. The Sessions Court, Kolhapur according to the petitioner, has not passed a speaking order while rejecting his application for transfer. 3. The Sessions Court while rejecting the application made by the petitioner on 7.4.2008 as handwritten the following order: : 2 : "No ground is made out to transfer or stay the matter under section 408 of the Code of Criminal Procedure. Hence, rejected." 4. In my opinion, the Sessions Court has failed in its duty while exercising its powers under section 408. The Sessions Court while rejecting the application for transfer must give reasons for its order. Unless the Sessions Court discloses the reasons for rejecting the transfer application, this Court cannot effectively exercise its powers of judicial review. 5. In these circumstances, the order dated 7.4.2008 recorded at the foot of the application for transfer is quashed and set aside. The Sessions Court, Kolhapur shall hear the transfer application and decide the same by giving a reasoned order. While the application is pending, the proceedings in criminal case No.528 of 2006 pending before the JMFC1, Ichalkaranji are stayed. 5. Writ petition is disposed of accordingly.