Allowed

Bansidhar Gouda v. State

Orissa HC13 Sept 2016TRPCRL/39/2012

Case brief

AI extract

What is this about?

A transfer application was filed seeking the transfer of a vigilance case to a different special judge court due to the petitioner's age and residence issues. The court exercised administrative power to transfer the case affirming the administrative order and directed the trial court to favorably consider an application for summons adoption in light of the petitioner's bail status.

What did the court decide?

Transfer of the G.R. Case from Special Judge, Vigilance, Berhampur to Special Judge, Vigilance, Bhawanipatna allowed.

Learned counsel for the petitioner has filed this transfer application for seeking transfer of the G.R. Case No.22 of 2001(V)/T.R. Case No.4 of 2010 pending before the learned Spl.Judge, Vigilance, Bhawanipatna to the Court of learned Special Judge, Vigilan ce, Berhampur.

As it appears, initially the case was instituted before the learned Sp l.Judge, Vigilance, Berhampur, Ganjam vide G.R. Case No. 22 of 2001(V). After submission of ch arge sheet, the learned Spl.Judge was pleased to take cognizance of offence under section 13(2 ) read with Section 13(1) (d) of P.C. Act, 1988 and Section 120-B of the Indian Penal Code. Af ter establishment of the Court of Special Judge, Vigilance, Bhawanipatna, the case was transfe rred to the said Court as per the administrative order of this Court. Learned counsel for the petitioner contended that the petitioner is an aged person and he is a resident of district Ga njam and it will be difficult on his part to attend the Court at Bhawanipatna.

Since this Court decided to exercise its plenary administrative power after establishment of the Court of Special Judge, Vigilance, Bhawanipatna to transfer the cas e from Berhampur to Bhawanipatna without impinging upon or prejudicially affecting the rights and interests of the parties. I find no illegality /impropriety in transferring the case from Special Judge Court, Vigilance, Berhampur to Special Judge, Vigilance, Bhawanipatna.

However, since the petitioner is stated to be on bail and he is an ag ed person, if any application under section 317 Cr.P.C. is filed before the learned Trial Cour t, it is expected that the learned Trial Court shall favourably consider such application and proceed in accordance with law.

Bansidhar Gouda v. State

Case brief

What is this about?

What did the court decide?

Bansidhar Gouda v. State

Case brief

What is this about?

What did the court decide?

What the court decided

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