Supreme CourtDivision Bench(2001) 04 SC CK 0057

Pramod Kumar vs State of U.P. and Others

Supreme Court Of India · Decided on 16 April 2001 · Citation: (2001) 3 PLJR 136 : (2001) 4 SCALE 441

HON’BLE JUDGES
S.N. Variava, J · M.B. Shah, J
RESULT
Disposed Off
CASE NUMBER
Criminal Appeal No. 498 of 2001 (Arising out of SLP (Criminal) 2503 of 2000)

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Judgment

4 paragraphs · 214 words
1.

Heard learned Counsel, for the parties.

2.

Leave granted.

3.

By the impugned order the High Court has transferred the Sessions Case No. 227 of 1999 pending in the Court of Sessions Judge, Bijnor to the Court of Sessions Judge at Muzaffarpur on the ground that the learned Sessions Judge was showing undue haste in disposal of the Sessions case and that has create bona fide apprehension in the mind of That Petitioner that no justice would be done them, in our view the impugned passed by the High Court, on the cases it is illegal. Normally the sessions case are required to be heard on day to dap basis and there is no question of granting repeated adjournments. This Court has repeatedly pointed out that the COURT should strictly follow Section 309 of Code of Criminal Procedure and Session case should be disposed of as early possible. Therefore, not adjourning Sessions trial on repeated request by the accused would hardly be a ground for having any apprehension in the mind that the accused would not get justice. In this New of the matter the impugned order passed by the High Court is set aside and the Trial Court is directed to proceed with the matter expeditiously.

4.

Appeal stands disposed of accordingly.