N.K.JAIN
Deepchand – Appellant
Versus
State of M. P. – Respondent
1. The applicants are aggrieved by the order dated 10.10.1996 passed by the Sessions Judge, Dhar in Cr. Misc. Case No. 200/96 transferring Sessions Trial No. 394/95 from 1st Additional Sessions Judge, Dhar to the Special Judge, Dhar.
2. The accused applicants are facing trial in the Sessions Court, Dhar on the charges under section 306 and 498A of Indian Penal Code. The case was registered at S.T. No. 394/95 and made over for trial to the 1st Addl. Sessions Judge. However, at the fag end of the trial, when 9 prosecution witnesses were already examined, one Suresh Chandra, the father of the deceased on whose report the First Information Report in the case was registered, moved Transfer Application under section 408 CrPC before the Sessions Judge. Some personal allegations were made against the 1st Addl. Sessions Judge (Smt. Jaishree Verma, who now stands transferred to some other Sessions Division). The learned Session Judge by his order impugned, although held that the allegations made against the Presiding Officer were unfounded, but allowed the transfer application in following terms:
"It is well settled principle that 'justice should not only be done, but it should be appeare
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