S.K.Phaujdar - (1.) THIS application under Section 407, Cr. P.C., has been filed for transfer of the proceedings of Sessions Trial No. 804 of 1993, State v. Lajpat Rai Kapoor and others, pending before the Ilnd Additional District and Sessions Judge, Agra, to any other court competent to try the matter.
(2.) ON presentation of this application on 8.7.1997, the learned A. G. A. was allowed time to file a counter-affidavit a comment from the concerned court called for. There was, however, no direction for issuance of any notice on the second respondent, the informant of the case. The matter was directed to be put up on 26.8.1997 and further proceedings in Sessions Trial No. 804 of 1993 were stayed till 1.9.1997. The matter was heard on 27.8.1997 and has been directed to be put up on 1.9.1997 itself for orders. The informant appeared through a learned counsel at the time of the hearing. After the matter was kept reserved for judgment on 1.9.1997, an application was placed for extension of the stay order which is not at all necessary in view of the fact that final orders are being passed today itself. Initially, the trial was being held before the Illrd Additional Sessions Judge, Agra, and he had recorded the evidence adduced on behalf of the prosecution and had examined the accused persons under Section 313, Cr. P.C. At that stage, several papers were filed on behalf of the defence and a prayer was made for issuance of summons on certain witnesses including Ram Ashrey Pandey from the Forensic Sciences Laboratory. This order was recorded on 4.2.1997 directing steps to be taken by 5.2.1997. Steps were taken accordingly but on 4.2.1997 Itself a transfer application was moved before the High Court which was placed before Hon'ble R. N. Ray, J., in Criminal Application No. 35 of 1997. His Lordship was pleased to direct transfer of the proceedings of the concerned Sessions trial from the Court of Illrd Additional Sessions Judge, Agra, to the Court of Ilnd Additional Sessions Judge, Agra. There was a further direction that the transferee court would hear the arguments and pronounce the judgment expeditiously.
(3.) WHEN the matter went back to the court below and was placed before the Ilnd Additional Sessions Judge, Agra, the defence proposed to examine the witnesses for whom the prayer was already allowed by his predecessor. The Court, however, stuck to the letters of the order of Hon'ble Justice R. N. Ray, dated 4.2.1997 and declined an opportunity to the defence to examine witnesses. This action of the learned Ilnd Additional Sessions Judge, Agra, was challenged in Criminal Revision No. 172 of 1997 and the matter was disposed of by Hon'ble Justice D. C. Srivastava by his order dated 8.5.1997. His Lordship allowed the revision and set aside the impugned order dated 6.2.1997 whereby defence witnesses were debarred from being examined. His Lordship further directed that the accused persons were to take steps for summoning the three witnesses as per their earlier applications and directed examination of those witnesses and directed that defence papers might also be filed and only thereafter, the arguments were to be heard.;