BARKAT ALI ZAIDI, J. - (1.) IN this transfer application, the only prayer of the applicants is for the transfer of the case (No. 826 of 2003, State v. Lalit and Ors.), from the Court of 1st Additional Sessions Judge, Agra. The case is under Sections 302 and 307 I.P.C. and Section 25 of the Arms Act.
(2.) I have heard Sri Mithilesh Kumar Shukla, Advocate for the applicants and Sri S.L. Kesharwani, learned A.G.A. for the State. The only ground mentioned in this application for seeking transfer is that the Presiding Officer did not provide an opportunity for producing defence evidence. Even this request has been culled out from the grounds of petition because the petition is wholly perfunctory and haphazard, and no facts have been mentioned therein, as will appear from the order of Sessions Judge, Agra by which he rejected the application of the applicants.
(3.) THE words used in the grounds of petition are that re - examination of the witnesses was not allowed, which is wholly inconsistent with facts, and contrary to what has been argued because 're -examination' means further examination of a witness who has already been examined. Here the real plea of the applicants is that they wanted to produce two defence witnesses for which opportunity was not provided.;