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Hanwant Das Vs. Vinay Kumar and ors. - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtSupreme Court of India
Decided On
Case NumberTransfer Petition (Criminal) No. 78 of 1979
Judge
Reported in(1982)1SCC475
AppellantHanwant Das
RespondentVinay Kumar and ors.
Excerpt:
- [y.v. chandrachud, c.j. and; n.l. untwalia, j.] -- criminal procedure code, 1973 — sections 406 and 479 — prosecution launched in sessions court against close relations of a high court judge — without accepting the contention regarding possibility of the concerned judges being biased and without meaning to cause any aspersions on the conduct of the judges, case transferred to a court outside the state in the interest of all the parties -- we, accordingly, transfer sessions case no. 14 of 1979 to the sessions court, gurdaspur and direct that it shall be tried by a sessions judge to be nominated by the chief justice of the punjab & haryana high court......j.1. heard counsel.2. we are not disposed to believe that either the learned sessions judge or the learned judge of the high court, mr justice v.p. gupta, is likely to take any interest in the prosecution which has been launched against mr justice gupta's mother-in-law and brother-in-law. considering, however, the various circumstances of the case, but without meaning to cause any aspersions, whatsoever, on the conduct of either the learned sessions judge or that of mr justice v.p. gupta, we think that it is better and in the interest of all parties concerned that the case is transferred from the state of himachal pradesh to a sessions court outside the state of himachal pradesh. we, accordingly, transfer sessions case no. 14 of 1979 to the sessions court, gurdaspur and direct that it.....
Judgment:

Y.V. Chandrachud, C.J. and; N.L. Untwalia, J.

1. Heard counsel.

2. We are not disposed to believe that either the learned Sessions Judge or the learned Judge of the High Court, Mr Justice V.P. Gupta, is likely to take any interest in the prosecution which has been launched against Mr Justice Gupta's mother-in-law and brother-in-law. Considering, however, the various circumstances of the case, but without meaning to cause any aspersions, whatsoever, on the conduct of either the learned Sessions Judge or that of Mr Justice V.P. Gupta, we think that it is better and in the interest of all parties concerned that the case is transferred from the State of Himachal Pradesh to a Sessions Court outside the State of Himachal Pradesh. We, accordingly, transfer Sessions Case No. 14 of 1979 to the Sessions Court, Gurdaspur and direct that it shall be tried by a Sessions Judge to be nominated by the Chief Justice of the Punjab & Haryana High Court. We are sure that the Sessions Judge, who will try the case, will consider sympathetically the application of any of the accused for exemption from personal appearance, especially, of the mother-in-law Shrimati Chhano Devi.


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