- (1.) A. B. Srivastava, J. Learned counsel for the appellant Shri Veeresh Mishra, learned A. G. A. and Sri I. M. Khan for opposite parties No. 3 and 4 are present.
(2.) THIS transfer application was moved with a prayer to transfer Sessions Trial No. 159 of 1991 pending in the court of Shri I. P. Singh, Sessions Judge, Moradabad making certain allegations on account of which as per the contention of the applicant, who is the first informant apprehends that he would not get justice at the hands of the Presiding Officer concerned. Comments were called for from presiding officer. Notice was issued to the opposite parties and by an interim order further proceedings in the Sessions Trial pending before the Sessions Judge were stayed. Comments dated 9-3-92 of the Sessions Judge was received by the registry of the court on 24-3-92. The comment besides replying to the various allegations made in the transfer application also mentions in the concluding part that in order to show that he is least interested in deciding the sessions trial the learned Sessions Judge has himself transferred the trial to one of the Additional Sessions Judges (VIII Additional Sessions Judge, Moradabad ). This has necessitated according to the applicant a further prayer to be added to the effect that the Sessions trial may also be transferred from the Court of VIII Additional District Judge, Moradabad as according to the applicant this course has been adopted by learned Sessions Judge simply to prompt any order which may be passed in the transfer application and virtually the case has been entrusted to a nominee of his (sic) for disposal despite the fact that this court was seized of the question as to whether the Sessions Judge has acted objectively in conducting the proceedings of the case and whether or not the trial should be transferred from this court. A copy of this application has been served today on the learned A. G. A. and the learned counsel for the opposite parties No. 3 and 4. In all fairness they should be afforded a reason able opportunity to file objection, if any to this application containing addi tional prayer. At the same time it also appears necessary to call for a report from the Sessions Judge, Moradabad as to under what circumstances despite the pendency of the transfer application before this court he has throught it expedient or proper to exercise his own power to transfer the sessions trial to an Additional Sessions Judge that too without giving prior notice to any of the parties of this transfer. It also requires explanation from the Sessions Judge as to why did he not intimate this court before passing the aforesaid order of transfer of the Sessions Trial more so when there were personal allegations against him and it could inter alia be presumed that any such act of transfer on his part without taking any of the parties in confidence will lead to a further prayer in the nature as has been made in the supplementary application with a supplementary prayer filed today. The learned Sessions Judge shall submit his reply and comments precisely confining himself these above aspects of the matter within a period of ten days. Within the same period the opposite parties No. 3 and 4 may file objection to the application moved today. This transfer application be now listed for disposal and orders on 11-5-92 as the first case, in view of the fact that proceedings in the trial continue to be stayed. The proceedings in the Sessions Trial No. 159 of 1991 shall remain stayed in the Court of VIII Additional Sessions Judge, Moradabad till the said date, or, in case for any unavoidable reason not on account of the fault of the applicant, the matter is not heard and disposed of on 11-5-92, the proceed ings shall remain stayed till 4-7-92 or till the next date fixed after 11-5-92 whichever is earlier. A copy of the order may be issued to the learned counsel for the applicant on payment of usual charges. Order accordingly. .;