HC declines to transfer trial in 2013 builder murder case

HC declines to transfer trial in 2013 builder murder case

Mumbai, Mar 1 (PTI) The Bombay High Court on Monday
refused to transfer the trial in the 2013 killing of Navi
Mumbai builder Sunil Lahoria from one judge to another, noting
no case was made out by the petitioner to pass an order
effecting such a change.

A division bench of Justices S S Shinde and Manish
Pitale, however, directed the Thane district sessions court to
conduct the trial in the eight-year-old case on a day-to-day
basis.

Sunil Lahoria was shot at and repeatedly stabbed by
assailants on February 16, 2013, outside his office at Vashi
in Navi Mumbai. He later died in a hospital.

The police had booked 14 persons in connection with
the attack and also invoked provisions of the stringent
Maharashtra Control of Organised Crime Act (MCOCA) in the
case.

The court was hearing a petition filed by the victims
son, Sandeep Lahoria, seeking transfer of the trial in the
case from the court of Judge R R Vaishnav of the Thane
sessions court to another court.

Sandeep Lahoria, in his plea, raised apprehension that
the judge was “biased” and was in a “hurry” to wrap up the
trial, as a result of which, “procedural and substantive
errors” were being committed.

The bench, while rejecting the plea, noted that an
order transferring trial from a judge to another is not an
exercise routinely undertaken.

The transfer of a criminal trial from the court of
one presiding officer to the other, cannot be a routinely
passed order and the apprehension expressed on behalf of the
parties, seeking transfer, have to be reasonable and based on
sufficient material, the HC observed.

The bench noted the role of a court and that of a
public prosecutor is to ensure the accused are brought to book
and proceedings are conducted in a fair manner so as to ensure
justice is done, both to the accused as well as the victim.

Neither can a court be perceived to be accused-
centric nor can it be perceived to be victim-centric in its
approach, the judges said in their order.

“We expect the sessions court to conduct the trial
expeditiously and on a day-to-day basis preferably from March
4, 2021, the HC said and disposed of the petition. PTI SP
RSY RSY

Disclaimer :- This story has not been edited by Bollyinsidestaff and is auto-generated from news agency feeds. Source: PTI

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