U.L.BHAT
BERELY – Appellant
Versus
XAVIER – Respondent
1. An affidavit was filed before the Sessions Judge alleging that he committed contempt of his own Court, with a request to make reference to the High Court under S.15 (2) of the Contempt of Courts Act, 1971 (for short 'the Act'). Learned Sessions Judge declined to make reference. This action is challenged under Art.226 of the Constitution of India.
2. Petitioner herein is one of the accused in Sessions Case 61/1985 of the Fourth Additional Sessions Court, Ernakulam facing charges under S.302,324 and 447 I.P.C. read with S.34 I.P.C. At the stage of examination of P.W.2, petitioner filed Cr1.M.C. 313/1986 in this Court seeking transfer of the case to one of the other benches of the Sessions Court. Learned Sessions Judge offered remarks, on being, required to do so. This Court accepted his remarks, substantially found against the allegations levelled against him and dismissed the transfer petition with the expression of hope that learned defence counsel and the learned Sessions Judge will ignore whatever had transpired and co-operate in the further trial of the case. In the course of the order (Ext.P2), learned single judge, who dismissed the transfer petition, extracted a
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