J.M.L. Sinha, J. - (1.) THROUGH this application the Applicants, who are accused in S.T. No. 89 of 1972, pending in the court of second Temporary Civil and Sessions Judge, Saharanpur, pray that the case may be transferred from the court of Second Temporary Civil and Sessions Judge, Saharanpur to some court outside Saharanpur.
(2.) NOTICE on the application was issued to both the parties. I have heard counsel on either side. One of the grounds taken in the application is that the case was listed for hearing in the court of first Temporary Civil and Sessions Judge and was recalled from there by the Sessions Judge. I have perused the application and the accompanying affidavit. There is not an iota of allegation therein against the Sessions Judge. A Sessions Judge in order to make a proper distribution of work has so often to transfer cases to other judicial officers in the district and to recall cases already transferred to them. Indeed no motive can be assigned to the Sessions Judge in having recalled the case in question from the court of First Temporary Civil and Sessions Judge and in having transferred it to the Second Temporary Civil and Sessions Judge.
(3.) THE second and the main ground taken by the Applicant in the transfer application is that on 24th of September, 1972, Baljore Singh Applicant saw Amar Singh, brother of the deceased, coming out of the residence of Sri Chand Gupta Garg, Second Temporary Civil and Sessions Judge, Saharanpur along with the District Government Counsel. Since allegation was of a serious nature, a report was called for from the Sessions Judge and in the report submitted by him, he has denied the allegation in most emphatic terms. He has stated that neither Amar Singh nor D.G.G. (Criminal) visited his residence on 24th September. In regard to Amar Singh he has stated that he has not even seen his face. A counter affidavit has also been sworn in the case by Amar Singh denying the allegation that he ever visited the house of Sri Chandra Gupta Garg, Second Temporary Civil and Sessions Judge, Saharanpur.;