bsb IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRI. CRI. CRI. APPLICATION NO. 1113 OF 2008 APPLICATION NO. 1113 OF 2008 APPLICATION NO. 1113 OF 2008 Ghashiram Kanayalal Solanki ... Applicant v/s The State of Maharashtra ... Respondent Mr.Prashant Gurav i/by Anjali Patil for the applicant. Smt.A.A.Mane, A.P.P. for the State. CORAM: CORAM: CORAM: SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. DATED: DATED: DATED: 26TH JUNE, 2008 26TH JUNE, 2008 26TH JUNE, 2008 P.C. P.C. P.C.: 1. The present application is filed challenging the order passed by the Fast Tract Sessions Court transferring S.C.Case No.670 of 2007 from the C.R.No.10 to C.R.No.17 of City Civil & Sessions Court, Mumbai. 2. According to the applicant who is the accused No.5 in S.C. Case No.670 of 2007, the transfer was effected without hearing him for considering his objections, if any. According to the applicant, a judicial officer incharge of the C.R.No.17 does not have the power to decide Sessions trial. It is in these circumstances that the accused is making the present application. It 2 is submitted that when the application was made, the Presiding Officer was an Additional Sessions Judge. 3. The transfer was effected on an application made by the State on the ground that the matter pending in S.C.No.699 of 2007 in C.R.No.17 has arisen out of the rivalry between the accused and the complainant which has also led to S.C.No.670 of 2007. 4. In my opinion, the transfer should not have been effected without hearing all the accused. In any event since the Presiding Officer in C.R.No.17 holds the post of an Assistant Sessions Judge, the case which is a murder trial, cannot be conducted before him. Therefore, the impugned transfer order is set aside. 5. S.C.No.670 of 2007 is transferred back to C.R.No.10 Sewree Fast Track Court. 6. Criminal application disposed of accordingly.