SAROJ BALA, J. - (1.) THIS is an application moved under section 407 Cr.P.C. for the transfer of sessions trial No. 15 of 2009 State v. Shekliar Tiwari and others under sections 147, 148, 149, 302, 323, 342, 364, 457, 201, 120 -B and 506 I.P.C. and sec ­tion 7 of Criminal Law Amendment Act P.S. Diviyapur, District Auraiya to some adjoining district.
(2.) HEARD Shri Viresh Mishra, learned Senior Advocate assisted by Shri Birendra Singh and Shri Dilip Kumar, learned Counsel for the applicants, Shri Amrendra Nath Singh, learned Counsel for the complain ­ant, Shri Desh Ratan Chaudhary, learned A.G.A, and have gone through the material on record and the comments of the District and Sessions Judge, Auraiya. The contention of the applicants is that the deceased being Executive Engineer of Public Works Department, the citizens of small township of Diviyapur and Auraiya resorted to agitation, arson, and violence. The politically motivated persons taking undue advantage of the situation disturbed the public order. Demonstrations were held in the Court compound by the rival politi ­cal party workers (S.P.). Due to media trial and agitations by rival political party, the cast is being given unnecessary importance and coverage in the newspapers depriving the applicant from defending the case. The media having highlighted the matter, the Court is under pressure and it is treating the case as an unusual case. It is alleged that District and Sessions Judge resided at a distance of hardly 50 metres from the house of slain Executive Engineer and his wife was friend of the wife of deceased and both of them were on visiting terms. The wife of the deceased having friendship with the wife of District and Sessions Judge, the applicants apprehend that they will not get justice. Additional District Judge and C.J.M. reside with their families in the same campus and had affinity with the family of the deceased. The wife of the District and and Sessions Judge was seen at the residence of deceased after the incident and his security guards accompanied the dead body to dis ­trict Lakhimpur Kheri. The Bar Association of district Court Auraiya passed a resolu ­tion on 21.2.2009 that no member of the Bar Association will conduct the case on behalf of the applicants. The applicants ap ­proached a number of Advocates to con ­duct the case but they refused to defend them. It is alleged that the officers of dis ­trict Court Auraiya being neighbours and friends of deceased and his family the ap ­plicants have serious apprehension of not getting fair and impartial trial. The judicial officers of Auraiya Judgeship being resi ­dents of same colony in which the incident took place they can not decide the case impartially on account of their extra judicial knowledge.
(3.) THE State of U.P. has opposed the transfer application by filing counter affi ­davit stating that applicant Shekher Tiwari, is sitting M.L.A. of the ruling party, having long criminal history and his involvement in the murder of Executive Engineer at ­tracted the attention of media but it has no adverse effect upon the Trial Court. The trial of the case is going on in District Court Auraiya without any pressure or prejudice.;