JUDGMENT :

Shri A. S. Tomar, Counsel for the applicant.

Shri R. K. Awasthy, Public Prosecutor for the respondent No. 1/State.

2. This Criminal Revision under sections 397, 401 of Criminal Procedure Code has been registered by the orders of Hon’ble the Chief Justice, on a paper petition sent by the applicant Smt. Ayasha Rathore.

3. A paper petition dated 21-11-2017 was sent by the applicant, seeking the following reliefs :

“A. Applicant/complainant only 38 years of age lady having child of 12 years of age and old mother-in-law in house and due to the murder of the husband, the applicant has changed three houses because of the threatening of the accuses and their sources and she is living in very apprehensive and deadly circumstances. Applicant herself is a teacher in a famous school of Gwalior in such a tough circumstances her work and family life is totally suffered.

B. The applicant’s husband has been killed by the accused for which an investigation has been made by the police and preferred a chargesheet for offence under section 302, 201, 120B of Indian Penal Code wherein the specific involvement of the accused Mahesh Gupta that he has given direction and on his contract other accuses committed offence and killed the husband of the complainant. On the other hand the accused Mahesh Gupta himself having criminal history in many police stations of the District Gwalior and against him trials are pending in other Courts also. In spite of that the learned Sessions Judge has granted the permission to the accused without considering the objections preferred before them even without considering the fact that the cancellation of the bail of said accused is still pending before them for consideration by which it seems that the cancellation of bail is pending but otherwise, it has already been rejected without any order and consideration by the learned Session Judge. I have to humbly say that from the act of the learned Session Judge District Gwalior, justice is not seen but smells otherwise. Out of the Court, may thoughts and hummers are in air but I just request to your Lordship kindly go through the all and do justice with my case and take suitable action against the persons who has participated in this process.

C. That, it is true that the Court having their discretionary powers to consider the application but in such fact and circumstances of the said case such a relief granted to the accused was not at all expected by the order and act of the learned Session Judge Gwalior, the hope of justice in the matter is also suffers. Therefore, it is also requested to give a direction to the appropriate authority to see the case of the applicant and shift/transfer the trial for appropriate order dated 6-11-2017 also may kindly directed to be made. It is, therefore, requested to consider all above circumstances fact and material and passed suitable direction accordance with law doing justice with the applicant and murder case of her husband as mentioned above.”

4. By the order dated 14-12-2017 passed by Hon’ble the Chief Justice, the said paper petition was treated as a revision and accordingly, the same has been placed before the Court.

5. On 20-4-2018, the applicant-Smt. Ayasha Rathore appeared in person and made a grievance that the trial Court had not only granted bail to one Mahesh Gupta, but also permitted him to leave the country, therefore, she has an apprehension that she may not get justice from the Court of Sessions Judge, Gawalior, therefore, the case may be transferred to any other Court. Therefore, the following question was formulated by this Court by order dated 20-4-2018 :

“The question for consideration which arises in the present case is that if a party to a litigation feels that an incorrect order has been passed by the Presiding Judge, then whether that by itself can be a ground for transfer of the case from his Court or not?”

6. Thereafter, the matter was taken up on 27-4-2018, when the Counsel for the applicant prayed for an adj