TMI Blog2019 (8) TMI 197X X X X Extracts X X X X X X X X Extracts X X X X ..... ers of Shri N.B. Khatiwada, Senior Advocate, who happens to be his father. Hence, it would not be appropriate on his part to proceed with the matter. In my view, the reason given by the learned Special Judge does not appear to be correct. The fact that Ms Gita Bista is a chamber junior to his father is not a sufficient ground for transfer of the case. Further, no allegation has been made by any ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the learned Special Judge on 29.05.2019, is as follows; 29.05.2019 . .. It is however noted from the records that Ld Counsel Ms. Gita Bista had earlier been conducting the case on behalf of accused Nos. 1 and 2. Since the Ld. Counsel is presently attached to the chambers of Ld Senior Advocate Shri N.B. Khatiwada, who hap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e in respect of the same subject matter. In my view, this cannot be and should not be ground for recusal from the case. The District Judge, at no point of time, was involved in any manner with the case. He himself was not appearing for any of the parties. It was his father who was appearing for the respondent, that too, for the State as State Counsel/Additional Advocate General. In fact, in many c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sociated with him. He can also recuse when he had earlier as an Advocate appeared for one of the parties. A Judge can also recuse where he had earlier given legal opinion in the matter or has a financial interest in the litigation. 4. I have perused and considered the Order passed by the learned Special Judge. The reason given by the Special Judge is that Ms Gita Bista, Advocate, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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