Shailendra Saksena, J. - (1.) This petition is under section 407 of the Cr. P.C.
(2.) Initially F.I.R. was registered against the accused-petitioner and six others which was registered at Crime No. 140 of 2004 under sections 147, 148, 149, 302 and 120-B, 504 and 506, I.P.C., copy of this report has been filed as Annexure No. 1. Subsequently on the same day at 13.35 hours another case Annexure No. 2 under section 307, I.P.C. and section 25/27 of the Arms Act was registered against Krishna Kumar alias Kakku and Manoj Tewari and 4 others. On the basis of which under the provision of Gangsters Act was also registered in this Police Station Akbarpur. The offence is triable under the provision of Gangsters Act by the Gangster Judge, Faizabad, hence both these cases may be transferred to Special Judge Faizabad who will try both these cases and save the convenience of the accused. It was also argued that both these cases have taken place in the same transaction as the case of the prosecution is that after commission of the crime which was registered at Case Crime No. 140 of 2004 accused were running away and was arrested at different places where second incident is said to have taken place.
(3.) This prayer has been opposed by the opposite party.;