Mahanand vs The Registrar General And Anr
2024 Latest Caselaw 26125 Kant

Karnataka High Court

Mahanand vs The Registrar General And Anr on 5 November, 2024

Author: S.R.Krishna Kumar

Bench: S.R.Krishna Kumar

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                                                          NC: 2024:KHC-K:8079
                                                     WP No. 202942 of 2024




                              IN THE HIGH COURT OF KARNATAKA,

                                     KALABURAGI BENCH

                          DATED THIS THE 5TH DAY OF NOVEMBER, 2024

                                           BEFORE
                        THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
                        WRIT PETITION NO. 202942 OF 2024 (GM-RES)
                   BETWEEN:

                        MAHANAND W/O SHIVAYANAMA
                        AGE: 35 YEARS, OCC: HOUSEHOLD
                        R/O SHIVALINGESHWAR COLONY
                        DARGA CROSS, KALABURAGI
                        PERMANENT ADDRESS HITTAL
                        SHIROOR; TQ. ALAND
                        DIST. KALABURAGI- 585 213.



                                                                ...PETITIONER
                   (BY SRI. KEDAR DESAI, ADVOCATE)
                   AND:
Digitally signed
by SUMITRA         1.   THE REGISTRAR GENERAL
SHERIGAR                HIGH COURT OF KARNATAKA
Location: HIGH
COURT OF                BENGALURU - 560 001.
KARNATAKA

                   2.   THE PRINCIPAL DIST AND SESSION
                        JUDGE, KALABURAGI - 585 102.



                                                             ...RESPONDENTS

                   (BY SRI KRUPA SAGAR PATEL, ADVOCATE)
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                                                   NC: 2024:KHC-K:8079
                                                WP No. 202942 of 2024




     THIS WRIT PETITION FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO WRIT OF
CERTIORARI TO QUASH THE IMPUGNED PROCEEDINGS DATED
29.08.2024 BEARING NO. DCK/ADMN/219/2024 ISSUED BY
THE 2ND RESPONDENT AS AT ANNEXURE-D AS ILLEGAL AND
ARBITRARY AND CONTRARY TO THE PROVISIONS OF LAW IN
RESPECT      OF   S.C.NO       16/2022     BEFORE        V    ADDITIONAL
DISTRICT AND SESSIONS JUDGE KALABURAGI AND ETC.

     THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:

CORAM:       HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR


                            ORAL ORDER

(PER: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR)

In this petition, petitioner seeks quashing of the

impugned proceeding/order at Annexure-D of the District

and Sessions Judge Court, Kalaburagi, whereby the case in

S.C.No.16/2022 shown at Serial No.12 in the said

order/proceedings pending before the Court of the I

Additional District and Session Judge, Kalaburagi was

directed to be transferred from that Court to the V Additional

District and Session Judge, Kalaburagi for disposal in

accordance with law.

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2. Heard learned Senior counsel for the petitioner

and learned HCGP for the respondents, and perused the

material on record.

3. A perusal of the material on record will indicate

that in the aforesaid Criminal Proceedings in

S.C.No.16/2022, in which the petitioner is arrayed as

accused No.1, the proceedings in the trial Court has already

commenced and as many as 44 witnesses, including

eyewitnesses, panch witnesses and expert witnesses have

already been recorded and it is only the evidence of the

official witnesses that remains to be recorded by the

Sessions Court. It is therefore submitted that since the

matter is nearing completion and the Sessions Court before

whom the trial has already commenced, has already the

benefit of not only recording the evidence but also noting the

demeanor of the witnesses, it would not be just or expedient

to direct for the transfer of the said case from the Court of

the I Additional District and Session Judge Court, Kalaburagi

to the Court of the V Additional District and Session Judge

Court, Kalaburagi and consequently the impugned order to

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that extent deserves to be set aside. In support of his

submissions, learned Senior Counsel placed reliance upon

the following Judgment [Somanath @ Somashekhar S/o.

Chandappa @ Chandrashya Bhavikatti Vs. The State

through Madan Hipparagi, P.S.) in Criminal Revision

Petition No.200135/2024 (397 (Cr.PC)/438(BNSS))

wherein it is held as under:

ORAL ORDER

(PER: HON'BLE MR. JUSTICE T G SHIVASHANKARE GOWDA)

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.

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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

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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."

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4. Per contra, learned HCGP submits that, there is

no merit in the petition and the same is liable to be

dismissed.

5. Though it is open for the District and Sessions

Court at Kalaburagi to rearrange his work by transferring any

criminal case from one Court to another Court in the peculiar

special fact and circumstances obtaining in the instant case,

especially when the evidence of most of the witnesses,

including punch witnesses, eyewitnesses, expert witnesses,

etc., has been completed and it is only the evidence of the

official witnesses which remains to be recorded and the

matter is nearing completion, and in the light of the

Judgment of the of this Court in Somanath @

Somashekhar S/o. Chandappa @ Chandrashya

Bhavikatti's case, (supra), I am of the considered opinion

that it would be just proper, appropriate and expedient to

continue the criminal proceedings before the I Additional

District Judge, Kalaburagi, who has already the benefit of not

only recording the evidence, but also noting and observing

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the demeanor of the witnesses, which is extremely essential

for the purpose of deciding the instant criminal proceedings.

6. Under these circumstances, I am of the view that,

the impugned order at Annexure-D, insofar as it relates to

transferring S.C.No.16/2022 shown at Serial No.12 from the

Court of the I Additional District and Sessions Judge Court,

Kalaburagi to the court of the V Additional District and

Session Judge Court, Kalaburagi, deserves to be set aside.

7. In the result I pass the following:

ORDER

(i) The petition is allowed;

(ii) The impugned order at Annexure-D

proceedings to the extent it relates to

S.C.No.16/2022 is hereby set aside.

(iii) The registry of the District and Sessions

Judge Court Kalaburagi is directed to retain

the said S.C.No.16/2022 on the file of the I

Additional District and Session Judge Court,

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Kalaburagi, who shall proceed further in the

matter and conclude the proceedings.

Sd/-

(S.R.KRISHNA KUMAR) JUDGE

SVH