- (1.) B. A. Zaidi, J. Complainant in ST. No. 653 of 2004 (State v. Surya Narain and others) under Sections 498-A and 304-B, I. PC. , pending in the Court of XIIIth Addl. Sessions Judge, Allahabad, wants his case to be transferred to another Court.
(2.) HEARD Sri Swetashwa Agrawal, Advocate for the applicant Sri Sanjai Sharma, Additional Government Advocate for the State andjsri A. K. Malviya, Advocate for Opp. Party No. 2 accused Surya Narayan. The facts relating to this Transfer Application are that initially the case was pending in the Court of Additional Sessions Judge, Fast Track Court No. 20, Allahabad. On transfer of the Presiding Judge and there being no incumbent the Trial was transferred to the Court of IIIrd Additional Sessions Judge, Allahabad, where the Presiding Officer, at that time, recorded evidence of five defence wit nesses, who was subsequently shifted to another Court of Special Judge (E. C. Act) where he remains as such till a day. On his transfer and since the Court had become vacant, the complainant filed an application before the District and Sessions Judge, requesting him that the case being part-heard, be sent to the Court of Additional Sessions Judge/special Judge (E. C. Act) for the Trial.
(3.) BEFORE the application could be decided, a new Presiding Officer joined as IIIrd Additional Sessions Judge, who recorded statements of two more defence witnesses. Thereafter, he was shifted as Additional Sessions Judge, Court No. 15 and the Court No. 3 again became vacant. The applicant, therefore, moved one more Transfer Application saying that since the Judge who recorded the statements of two defence witnesses, was now shifted to Court No. 15, the case being part-heard, be shifted to his Court or to the Court of earlier Judge, who had recorded the statements of five defence witnesses and is Special Judge (E. G. Act), for the present, but the District and Sessions Judge rejected this application vide order dated 4. 3. 2008 and sent the case to the Court of Additional Sessions Judge, Court No. 13, Allahabad.;