1980 INSC 0116
                                                    Hanwant Das

                                                           Vs

                                             Vinay Kumar and Others

                                  Transfer Petition (Criminal) No. 78 of 1979

                                  (CJI Y. V. Chandrachud, N. L. Untwalia JJ)

                                                      17.03.1980

                                                        ORDER

1. Heard counsel.

2. We are not disposed to believe that either the learned Sessions Judge or the learned Judge of the
High Court, Mr. Justice V. P. Gupta, is likely to take nay interest in the prosecution which has been
launched against Mr. Justice Gupta's mother-in-law and brother-in-law. Considering however, the
various circumstance of the case, but without meaning to cause any aspersions, whatsoever, on the
conduct of either the learned Sessions Judge or that of Mr. Justice V. P. Gupta, we think that it is
better in the interest of all parties concerned that the interest of all parties concerned that the case in
transferred from the State of Himachal Pradesh to a Session Court outside the State of Himachal
Pradesh. We, accordingly, transfer Sessions Case No. 14 of 1979 to the Sessions Court, Gurdaspur
and and direct that it shall be tried by a Session Judge to be nominated by by the Chief Justice of the
Punjab & Haryana High Court. We are sure that the Sessions Judge, who will try the case, will
consider sympathetically the application of any of the accused for exemption form personal
appearance, especially, of the mother-in-law Shrimati Chhano Devi.

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