AMAR SARAN, J. - (1.) HEARD learned Counsel for the applicant and Sri Shashi Dhar Tripathi, learned Additional Gov ­ernment Advocate.
(2.) AN order dated 3.1.2008 passed by the Additional Sessions. Judge/F.T.C. in S.T. No. 123/02 has been challenged by means of this application. By the said order, the learned Judge has transferred the case (relating to Case Crime No. 18 of 2002 under sections 302/307/304/506 IPC and section 3 (5) of S.C./S.T. Act, P.S. Raipura, district Chitrakoot (with which the applicant is princi ­pally concerned) and certain other cases for other offences to the Special Judge, Gang ­sters Act, Jhansi, where the charge -sheet has been submitted, in case crime No. 35/02 under sections 2/3 of the Gangsters Act, P.S. Raipura, against the accused Kamlesh alias Raju Lala, Prakash Misra and Shiv Vilas. Ostensibly this has been effected in furtherance of a decision of this Court in the case of Subhash v. State of U.P., 1988 JIC 405 (Alld.). where it has been observed that the F.I.Rs. mentioned in the Gangsters Act offence which were pending on the said date should be tried by the Special Court to avoid multiplicity of proceedings and sen ­tences.
(3.) HOWEVER , learned Counsel for the applicant contends that so far as the appli ­cant is concerned, he was not at all wanted in the case under the Gangsters Act (hereinafter referred to as the Act) and his trial in his case, which was near conclusion ought to have been disposed of before the Court where it was pending at present i.e. in Chitrakoot.;