Case Law Details
Nazma Naz Vs Rukhsana Bano (Supreme Court of India)
Having heard learned counsel for the petitioners and learned counsel for the State, and having perused the material placed on record, we are clearly of the view that the impugned order dated 19.12.2018 as passed by the High Court, transferring the proceedings in Sessions Trial No. 715 of 2017 from the Court of Additional Sessions Judge First, Aligarh to the corresponding Court at Mathura, cannot be approved.
It appears that the learned Single Judge of the High Court felt dissatisfied with the conduct of the staff of the Subordinate Court in not taking on record the order passed by the High Court and for that matter, made elaborate comments in the order impugned on the conduct of the Trial Judge and then, proceeded to order transfer of the trial.
With respect, we are unable to endorse the approach in the order impugned.
It is noticed that transfer was sought by the accused persons, inter alia, with the grievances that the discharge application moved by some of the accused persons was not being decided and they were asked to appear before the Court at Aligarh on every date. The High Court had earlier ordered for disposal of the discharge application but the same remained pending.
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