The Madras High Court held that Orders issued under Section 194 of the Code of Criminal Procedure are primarily administrative and are not subject to challenge unless they are evidently illegal and issued without due consideration.
Case Title: M Palani v The State and Others
Case No: Crl.OP (MD) No.19181 of 2023
Decided on: 01 November, 2023
CORAM: HON’BLE MR JUSTICE G. ILANGOVAN
Introduction
The Madras High Court while hearing a plea by M Palani who relied on Section 408 Cr.P.C seeking permission from this court to approach the Principal Sessions Judge for transfer of the trial of his case to another court held that Orders issued under Section 194 of the Code of Criminal Procedure are primarily administrative and are not subject to challenge unless they are evidently illegal and issued without due consideration.
Facts of the Case
The petitioner is accused in case filed for the offences punishable under sections 147, 148, 294(b), 109, 302, 307, 506(2), 120B, 149 and 114 IPC pending before the III Additional District and Sessions Judge, Tirunelveli. The same case was handed over to the III Additional District Sessions Judge, Tirunelveli, by the Principal District Judge, Tirunelveli, subsequent to the committal process.
The petitioner previously filed a similar case before the Principal Sessions Judge relying on Section 408 Cr.P.C seeking transfer of the trial of his case to another Judge, which is still pending. The petitioner filed both the cases on the grounds that he is enduring difficulties such as modifying the testimonies, altering the basis of the case, and deleting a segment of the evidence presented by the prosecution and intervention of the concerned Special Public Prosecutor occurred without proper authorization during the trial process.
Courts analysis and decision
In the present case, the court held a opinion that the petitioner is seeking a judge of his preference, with an inclination for orders consistently in his favour. The judge’s supposed significant prejudice is not justified by simple negative orders rendered against the accused during the trial. The transfer of the case to the III Additional Sessions Judge, Tirunelveli, cannot be solely justified based on the petitioner’s difficulties before the same judge. Such a right to demand a specific judge is not legally available.
The court observed that it’s not right to interfere or issue any orders in the first case and it should be dealt by the Principal Sessions Judge.
The court further held under Section 194 of the Criminal Procedure, the Additional Sessions Judge and Assistant Sessions Judge, if relevant, are authorised to preside over matters transferred by general or special order. It is not possible to contest the Principal Sessions Judge’s decision to assign cases to any judge. It is fundamentally administrative in nature for the Principal Sessions Judge to issue an order under Section 194 Cr.P.C., which essentially distributes the caseload among Additional District Judges. Until such administrative orders clearly violate the law, they are unchallengeable.
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Written by- Rupika Goundla
