Arvind Kumar Mishra, J. - (1.) Heard learned counsel for the parties.
(2.) This Transfer Application has been moved by the applicant with a prayer to allow the instance application set aside the order dated 13.08.2018 passed by District and Sessions judge, Gautam Buddh nagar in Transfer Application No.694 of 2018 and transfer the Sessions Trial No.843 of 2011, under Sections 302, 34 IPC, Police Sttion- Sector- 39 NOIDA, District Gautam Buddh Nagar (State of U.P. Versus Vivek and others) from the court of Additional District and Sessions Judge, I- Gautam Buddh Nagar to any other court having jurisdiction of Sessions trial in the same Sessions Division.
(3.) The specific allegations has been made that the trial court has expressed its opinion on the merit of the case and it being a case of eye-account testimony regarding murder of brother of the applicant- informant and he submitted that the trial court is working under influence of the accused- respondent and chances of fair trial are bleak. Once the trial court has expressed its opinion then it will not be in the fitness of things that the same Judge/court should decide the concerned trial. Application for transfer of the case was moved before the Sessions Judge, Gautam Buddh Nagar, but he too could not consider the concept of fair trial and rejected the application for transferring the case from the court of Ist Additional Sessions Judge, Gautam Buddh Nagar to any other court of the same Sessions Division.;