Transfer Petition dismissed. Court held absence of a lady prosecutor does not mandate transfer under CrPC 407; Petitioner may engage a lady pleader under CrPC 301(2).
Transfer petition dismissed; no appointment direction issued.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Transfer Petition (Criminal) No.03 of 2019
---- Petitioner
Versus
---- Respondents
------------------------------------------------------------------------------------------For the Petitioner : Shri JN Nande, Advocate For Respondent No.1/State : Shri Ravish Verma, Govt. Advocate
Hon'ble Shri Justice Ram Prasanna Sharma Order On Board
14.03.2019
1 . This transfer petition under Section 407 of the Code of Criminal Procedure, 1973 has been filed for transferring of Session Trial No.21/2008 (State Vs. Arvind Shrivas) pending before Special Court under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), 1989, Janjgir-Champa to Special Court at Korba (CG).
2 . Learned counsel for petitioner submits that no lady prosecutor was appointed by the State in the Court at Janjgir to conduct session
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trial/Special trial, therefore, direction may be issued to the State for appointing lady prosecutor.
3 . After going through the record, it does not appear that the petitioner has made any representation to the State for appointment of any lady prosecutor for conduction of the session trial/special trial at Janjgir. This relates to policy matter of the State Government and should be raised before the proper forum but that is not the case here. If the lady prosecutor is not available at Janjgir, the legal course open to the petitioner who is prosecutrix in the said trial is to instruct a lady pleader to assist the case on behalf of the petitioner, as per Section 301(2) CrPC.
4 . In the meanwhile, if the authorities are willing to provide lady prosecutor to the Court of Janjgir, the same would serve the purpose of the petitioner, but if any lady prosecutor is not available on the date when the prosecutrix enters into the witness box then she can go for assistance of a lady pleader who has been instructed by her.
5 . In view of the above, no case of transferring of session trial from the Court of Special Judge Janjgir-Champa to the Court at Korba is made out .
6 . Accordingly, the petition stands dismissed with the above observation.
Sd/(Ram Prasanna Sharma) JUDGE
Bini
2 issues framed by the court
Whether the non-appointment of a lady prosecutor warrants transfer of the trial to another court.
Whether a lack of lady prosecutor justifies shifting the session trial from Janjgir-Champa to Korba.
2 provisions across 1 enactments
Aarti Shrivas
State Of Chhattisgarh
Arvind Shrivas
Gajanand Shrivas
Maheshi Shrivas
Ram Prasanna Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
