- (1.) The present petition seeks the transfer of Special Trial No. 3 of 12, presently pending trial before Sri Shyam Lal, Special Judge, C.B.I., Ghaziabd from that court to the C.B.I. Court at Lucknow.
(2.) The reason for seeking the transfer has been stated in the affidavit sworn by Dr. Latika Viswash w/o present petitioner, Dr. S. P. Ram, who is one of the accused of the above noted case. From perusal of the statements of facts made in the affidavit, what appears is that merely because the above named judge, who is presiding over the court of Special Judge, C.B.I., Ghaziabad and who is seized with the trial of the above case, as per the notification issued by the Government of U.P. dated 28.08.2012 (Annexure-5), has passed certain orders rejecting the prayer for bail of the petitioner, that the petitioner pleads bias of the learned Judge towards the accused/petitioner.
(3.) The other ground was that there was already a Special Court created in Lucknow and the offence had also been committed at Lucknow, but the case has been allocated to Sri Shyam Lal by annexure 5, that's, the notification issued by the State Government, which was illegal.;