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1997 Supreme(P&H) 1188

S.S.SUDHALKAR
Ram Dayal – Appellant
Versus
State Of Punjab – Respondent


Judgment

S.S.Sudhalkar, J.

1. A criminal case arising from FIR No. 23 dated 18.3.1992 registered at Police Station Sadar Mansa for the offence under Sections 7 and 13(2) of the Prevention of Corruption Act (hereinafter referred to as the Act) is pending in the Court of learned Additional Sessions Judge- cum-Special Judge, Bathinda. The petitioner who is the accused in the case has contended that on 1.4.1992 Mansa became a separate independent district and on for about February, 1994, learned Additional Sessions Judge was posted at Mansa and powers of Special Judge under the Act have also been conferred upon the learned Additional Sessions Judge, Mansa. He contends that other cases under the Act pertaining to Mansa district were transferred to Special Judge, Mansa but inadvertently the case arising from the above FIR is left out. Hence, the petitioner requests that the case be transferred from Bathinda Sessions Division to Additional Sessions Judge, Mansa. A preliminary point arose when the case came up for hearing because a question was raised as to whether the petitioner should have approached the learned Sessions Judge of the Sessions Division before approaching this Court for tra





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