Jagmohan Lal Sinha, J. - (1.) This is an application in revision filed on behalf of the State assailing the validity and correctness of the order dated 25th October, 1959 passed by Sessions Judge, Allahabad, transferring Sessions Trial No. 165 of 1969 from the file of IV Temp. Civil and Sessions Judge, Allahabad, to the file of Civil and Sessions Judge, Allahabad, for disposal. The facts leading to this application can briefly be stated as under: Sessions Trial No. 165 of 1969 - -State v/s. Khurkhundi and others u/S. 399 /402 IPC was transferred to the Court of IV Temp. Civil and Sessions Judge, Allahabad, vide order of the Sessions Judge dated 8th August, 1959. The trial commenced before the IV Temp. Civil and Sessions Judge, on 15th September, 1969. The evidence of one prosecution witness was recorded on that day. The trial continued on 16th September, 69, 10th September, 69, 20th September, 69, 22nd September, 69 and 23rd September, 69. On that date an application was moved before the IV Temp. Civil and Sessions Judge on behalf of Ibrahim accused for granting him time to move an application for the transfer of the case from the court of IV Temp Civil and Sessions Judge to some other court of competent jurisdiction. The trial Judge granted time till 27th September, 69. On 29th September 69, a transfer application purporting to be u/S. 528(1 -C) of the CrPC was moved before the Sessions Judge Allahabad praying that the case may be transferred from the court of IV Temp. Civil and Sessions Judge to some other court.
(2.) The application for transfer was opposed on behalf of the State.
(3.) The learned Sessions Judge, Allahabad, after having heard the parties directed that the case be transferred from the file of IV Temp. Civil and Sessions Judge, Allahabad, to the file of Civil and Sessions Judge, Allahabad. Feeling dissatisfied with the order passed by the learned Sessions Judge, the State has come up in revision before this Court. Notice of the revision application was issued to the accused opposite party, including Ibrahim on whose application the Sessions Judge passed the impugned order. Notices have been duly served on all the opposite parties but none has entered appearance to oppose the revision application filed on behalf of the State.;