- (1.) This transfer application has been moved with the prayer to quash the order dated 08.06.2016, passed by Sessions Judge, Bahraich, in Criminal Misc. Case No. 55/11/2016 (Janardan Singh Vs. State) and to transfer the Sessions Trial No. 202 of 1994 (State Vs. Indra Pratap Singh and others), arising out of Case Crime No. 31 of 1993, under Sections 147, 148, 149, 307, 323, 324, 504 and 506 I.P.C., P.S. Payagpur, District Bahraich to any other court in the ends of justice.
(2.) The transfer application has been supported with an affidavit in which it has been stated that there was a land dispute between the parties on which wheat crop was standing. Opposite party nos. 2 to 13 came and destroyed the wheat crop and assaulted the applicant, his uncle Kunwar Bahadur Singh, Ashok Kumar Singh and Bhanu Pratap Singh, who received serious injuries. The applicant lodged a first information report on 20.03.1993 at 09:00 A.M., which was registered as Case Crime No. 31 of 1993, under Sections 147, 148, 149, 323, 324, 307, 504 I.P.C., at P.S. Payagpur, District Bahraich. The injured were examined and investigation was ended into charge sheet.
(3.) On 24.09.1998, the IInd Additional Sessions Judge, Bahraich has framed charges against the accused person. All the prosecution witnesses were examined on 12.11.2007 and the statements of the accused were recorded on 24.12.2007. Further the statements of DW-1 Guru Prasad and DW-2 Ram Adhar were recorded and the case was fixed for arguments on 06.08.2008. Since the accused are lingering on the case, on 28.05.2016, the applicant moved an application before the Sessions Judge, Bahraich for transfer of S.T. No. 202 of 1994 from the court of IInd Additional Sessions Judge, Bahraich to any other court.;