Gopi Nath, J. - (1.) These are applications under Section 407 of the Code of Criminal Procedure for transfer of Sessions trials from the court of one Additional Sessions Judge to that of another Additional Sessions Judge on the ground that the Judge to whose court transfer is sought had heard it in part. The applications raise a common question as regards hearing of part-heard Sessions cases, and have been referred to a Division Bench as a large number of such cases are pending in this Court involving that question. These transfer applications shall accordingly be disposed of by a common judgment.
(2.) The question for decision is whether a Sessions trial commenced by an Additional Sessions Judge who continues to be Additional Sessions Judge In the same Sessions Division but whose designation has changed, should be concluded by him or by another Additional Sessions Judge who has been conferred the designation earlier possessed by the Additional Sessions Judge who had commenced the trial.
(3.) In Criminal Misc. Transfer Application No. 2015 of 1982, transfer has been sought of Sessions Trial No. 194 of 1980, State v. Punjab Singh and others, pending in the court of Sri L. N. Rai, III Addl. Sessions Judge, to the court of Sri R.C. Gupta, II Addl. Sessions Judge, on the ground that charges had been framed in the case by Sri R.C. Gupta while he was III Addl. Sessions Judge but has now been designated as II Addl. Sessions Judge, and he had also passed orders for the appearance and examination of the witnesses before him, although no witness had been examined by him in the case. In this case, an order had been passed by the Administrative Judge of this Court allotting this case to the file of Sri L. N. Rai, III Addl. Sessions Judge, in exercise of his administrative powers on a reference made by the Sessions Judge. Thus this case has gone to the file of Sri L, N. Rai on an order passed by the Administrative Judge.;