T G Shivashankare Gowda, J
1. The petitioner is accused No.4 in SC.No.208/2023. He is questioning the transfer of the said case from the file of III Additional District and Sessions Judge, Kalaburagi to V Additional District and Sessions Judge, Kalaburagi.
2. The brief facts of the case are, the petitioner is facing trial for the offences punishable under Sections 143, 147, 148, 498(A), 302 and 109 read with Section 149 of IPC in S.C.No.208/2023 on the file of III Additional District and Sessions Judge, Kalaburagi. After framing of the charge, the trial was also continued by the Presiding Officer of the said Court. In the meantime, the learned Principal District and Sessions Judge, Kalaburagi as per the order of the High Court of Karnataka, vide RSB No.368/2024 dated 22.08.2024 withdrawn the said case from the file of III Additional District and Sessions Judge, Kalaburagi and transferred the same to the Court of V Additional District and Sessions Judge, Kalaburagi. Aggrieved by the same, accused No.4 is before this Court.
3. Heard Sri. Kedar Desai, learned counsel for the petitioner and learned High Court Government Pleader for the respondent-State.
4. It is contended by the learned counsel for the petitioner that, the trial is almost at the final stage, at this stage, the matter has been withdrawn and transferred to the V Additional District and Sessions Judge, Kalaburagi. PW.1 to PW.5 witnesses have already been examined by the Presiding Officer of the said Court. He has observed the demeanor of the witnesses and it is better if the same judge should record the evidence of other witnesses and shall decide the matter on merits. He sought for matter shall be retained to the Court of III Additional District and Sessions Judge, Kalaburagi.
5. Per contra, learned High Court Government Pleader has contended that transfer of the case from III Additional District and Sessions Judge, Kalaburagi to V Additional District and Sessions Judge, Kalaburagi was not at the instance of the Principal District and Sessions Judge, but it was effected with prior permission of High Court of Karnataka. Under such circumstances, the petitioner cannot make any grievance as the accused No.1 is in judicial custody, accused Nos.2, 3 and 5 are on bail have not made any grievance about transfer of the case. If the case is transferred to V Additional District and Sessions Judge, Kalaburagi, the matter will be disposed of at the earliest point of time and there is no need for interference in such Transfer.
6. I have given my anxious consideration to the arguments advanced by the learned counsel on both sides and perused the records.
7. The material on record goes to show that due to administrative reasons, the matter has been withdrawn from the court of III Additional District and Sessions Judge, Kalaburagi and transferred to V Additional District and Sessions Judge, Kalaburagi. It is submitted at the bar that V Additional District and Sessions Judge, Kalaburagi was earlier dealing with the matters relating to offences against the women. Due to shortage of workload, the cases pending before other Session Courts have been withdrawn and transferred to the V-Additional District and Sessions Judge, Kalaburagi. The administrative action of the Principal District and Sessions Judge has been approved by the High Court of Karnataka. But here is a special case where the Presiding Officer of the III Additional District and Sessions Judge, Kalaburagi, has already examined five witnesses as PWs.1 to 5. He has already observed the demeanor of the witnesses. In the middle of the trial, it is not proper to withdraw the case and transfer the same to the other Court as it may affect fair decision of the case. Hence, instead of transferring of the matter to the V Additional District and Sessions Judge, Kalaburagi, it is proper let it be tried by the III Additional District and Sessions Judge, Kalaburagi.
8. The material on record also goes to show that the Presiding Officer of IIIrd Additional District and Sessions Judge, Kalaburagi, has not adhered to the procedure prescribed for trial of a sessions case. The order sheet clearly indicates that the matter is not taken up on day-to-day basis for trial. Hence, it is a matter of concern that the Presiding Officer shall adhere to the procedure required for disposal of the Sessions case. Hence, the matter requires to be restored to the III Additional District and Sessions Judge, Kalaburagi for completion of the trial on time bound manner.
9. In the result, the following:
ORDER
i. The petition is allowed.
ii. Learned Principal District and Sessions Judge, Kalaburagi is requested to retransfer the matter from the Court of V Additional District and Sessions Judge Kalaburagi to the III Additional District and Sessions Judge, Kalaburagi for continuation of Trail.
iii. The Presiding Officer of III Additional District and Sessions Court shall complete the trial and dispose of the case within three months in accordance with law from the date of receipt of copy of this order.
iv. The presiding Officer shall strictly follow the procedure prescribed for Trail of Session cases.
