- (1.) Heard Mr. D.S. Misra assisted by Mr. Kailash Prakash Pathak for the applicant, Mr. Vijai Shanker Misra assisted by Mr. Rahul Misra for the Respondent Nos. 2 and 3 and Mr. N.D. Rai learned AGA for Respondent No. 1 and perused the record.
(2.) By this transfer application under Section 407 of the Code of Criminal Procedure (in short 'the Code'), the applicant Laxmi Narain Pandey, an accused, has sought for transfer of S.T. No. 435 of 2006, State v. Laxmi Narain Pandey and Ors., from the Court of Additional Sessions Judge, Court No. 2, Azamgarh to any other district preferably of western Uttar Pradesh.
(3.) Mr. D.S. Mishra submitted on the basis of letters dated 12.6.2007 (Annexure 5A) and 22.8.2007 (Annexure 7) of the then District and Sessions Judge Mr. (sic) Service Commission to fill up these posts in the following manner: (i) three out of 22 posts were to be filled up as special recruitment for OBC, and (ii) remaining 19 posts (10 General, 7 OBC and 2 SC) were to be filled up with normal reservation. 5. The Commission vide advertisement No. 6/1997-98 dated 4.11.1997, advertised 19 posts with normal reservation at Item No. 6. Three posts under OBC category were placed at Item No. 7, as special recruitment. The interviews for three reserved posts under special recruitment were held on 8.7.1998, whereas interview for the 19 posts were held on 9th July - 22nd July, 1998. The select list for three reserved candidates was published on 27.8.1998, and the select list for 19 candidates was published a later, on 28.8.1998. 6. It is admitted that U.P. Government Servants Seniority Rules 1991 is applicable, to determine seniority amongst the contesting parties, which provides in Rules 5 to 7 as follows: Vimal Kishore and letters dated 26.3.2007 (Annexure 4) of Mr. B.M. Sinha and letter dated 3.8.2007 (Annexure 6) of Mr. Subhash Chandra-III, the then Additional Sessions Judges and also on the basis of complaints dated 30.3.2007 and 7.6.2007 (Annexure 2 and 4A) given by the Respondent No. 3 to the District and Sessions Judge, Azamgarh, that the Respondent No. 3 and his companion advocates have been and are still involved in terrorising and intimidating the District and Sessions Judge and senior judicial officers, therefore, a free and fair trial in district Azamgarh is not possible. As such the applicant will not get justice in the Court of the Additional Sessions Judge, Court No. 2, Azamgarh. Mr. Mishra further submitted that one Bajrang Tripathi, who is a cousin of the deceased, is running Children College and Medical College in Azamgarh and is a very influential person in the entire Purvanchal, therefore, he exercises influence over the district administration and district judiciary in Azamgarh. It was next submitted that the present presiding officer Mr. Ramashraya Singh is also acting under the pressure of the Respondent No. 3 as both of them perform morning walk together and their residences situate in front of each other and there is only a road in between their residences. According to Mr. Mishra, the apprehension raised by the applicant finds further corroboration from the conduct of Mr. Ramashraya Singh in passing the order dated 4.2.2011 whereby he rejected the applicant's prayer for taking judicial notice of prominent marks of his identification and also in passing subst(sic)ent orders closing the arguments of the accused persons and fixing a date for judgment and merely providing an opportunity to the accused to submit written arguments. Mr. D.S. Mishra lastly submitted that in view of the facts and circumstances of the case it would be just and expedient to transfer the aforesaid session trial to some other district so that a fair and impartial justice may be secured.;