- (1.) K. C. Bhargava, J. This is an application for transfer of Sessions Trial No. 461 of 1987 pending in the Court of Vth Addl. Sessions Judge, Lucknow.
(2.) LEARNED Counsel for the applicant and the State have been heard. According to the learned Counsel for the applicant Sri S. P. Srivastava was Vth Addl. Sessions Judge and now he has been transferred as IVth Addl. Sessions Judge. While the case was pending in the Court of Sri S. P. Srivastava he recorded the statement of Doctor, P. W. 4 According to him when it is a part heard case it should be tried by the same Judge who has started the evidence and the case should be transferred to his Court. This application has been opposed on the ground that Sri S. P. Srivastava has not recorded the entire evidence and the evidence of other witnesses was recorded by another Sessions Judge who has now been transferred from Lucknow to some other place. According to the learned State Counsel it will not be treated as a part-heard case if the statement of a Doctor was recorded by Sri S. P. Srivastava. Learned Counsel for the applicant has placed reliance on the case of Punjab Singh v. State of U. P, 1983 Cr. LJ 205. In respect of this contention it is not necessary for this Court to go into the facts of the case of Punjab Singh v. State of U. P. and Ors. (supra ). It will suffice to say that Sri S. P. Srivastava who is also stationed at Lucknow has recorded part of the evidence. In this case there is nothing against Sri S. P. Srivastava as to why the case should not be made over to him for having trial. Without going into the merits of the case it is ordered that application is allowed and Sessions trial No. 461/87 under Section 147/302/498-A I. P. C. and Section 3/4 Dowry Prohibition Act, pending in the Court of Vth Addl. Sessions Judge Lucknow is transferred to the Court of Sri S. P. Srivastava who is still posted here as IVth Addl. Sessions Judge. Application allowed. .;