RAKESH KUMAR JAIN
Amarbir Singh – Appellant
Versus
State of Punjab – Respondent
Mr. Rakesh Kumar Jain, J.: - The petitioner has questioned the legality of order dated 24.05.2011 passed by the learned Sessions Judge, Bathinda by which he had transferred the case registered vide FIR No.15 dated 13.04.2010, under Sections 302, 307 & 34 IPC and 25/27/54/59 of the Arms Act, 1959 at Police Station Phul, District Bathinda titled as ‘State Vs. Amarvir Singh’ and cross case lodged vide DDR No.18 dated 13.04.2010, under Sections 307, 452, 148, 149 IPC and 25/54/59 of the Arms Act, 1959 at Police Station Phul, District Bathinda titled as ‘State Vs. Harbans Singh’ from the Court of Shri Sukhdev Singh, Additional Sessions Judge, Bathinda to the Court of Shri D.S.Johal, Additional Sessions Judge, Bathinda during the pendency of the trial contrary to Section 409(2) of the Code of Criminal Procedure, 1973 [for short “Cr.P.C.”] and the administrative instructions of this Court (Annexure P-12).
2. Admittedly, the aforesaid cases were pending in the Court of Shri S.K.Sachdeva, Additional Sessions Judge (Fast Track Court), Bathinda but on withdrawal of the said Court, the aforesaid cases were transferred to the Court of Shri Sukhdev Singh, Additional Sessions Judge, Bath
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