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1997 Supreme(Raj) 1097

A.S.GODARA
Sohan Singh – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
For the Petitioner:Mr. D.K. Parihar, Advocate.
For the Respondent: Mr. D.S. Rathore, P.P.

JUDGMENT

1. - This Transfer Petition under Section 407, Criminal Procedure Code has been moved by the petitioner in respect of Sessions Case No. 60/96 - Sohan Singh & Ors. v. State of Rajasthan , presently, pending trial in the Court of Special Judge, SC/ST (Prevention of Atrocities Cases)-cum-Addl. Sessions Judge, Jodhpur, after a similar transfer petition purporting to have been filed under Section 407, Criminal Procedure Code before the learned Sessions Judge, Jodhpur was dismissed vide order dated 17-6-1996.

2. Briefly stated the facts and circumstances giving rise to the present Jodhpur with immediate effect. As a petition of the petitioner is as follows :

3. The accused-petitioner along with five other co-accused persons, was challaned by the police of Police Station of Luni, after completion of investigation of F.I.R. No. 59/88 under Sections 395 and 384, Indian Penal Code registered on the report lodged by Gulam Mohd. in the Court of Munsif & Judicial Magistrate, First Class, Jodhpur District. The learned Magistrate in turn, committed the case to the Court of the learned Sessions Judge, Jodhpur. The learned Sessions Judge, in exercise of his power vested under Section 194 of


















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