(1.) These applications bearing Nos. 14888 and 14891 of 2020 have been filed by the accused Birendra Singh @ Bauaa Singh for transfer of cases bearing R.C. Nos. 9 and 10 of 2018 from the Court of Sh. Dharmesh Sharma to any other court and for impleadment. The main grievance of the Petitioner is that while dealing with case bearing R.C. No. 8 of 2018, the learned judge has made the following observations.
(2.) Mr. Siddhartha Dave, learned counsel for the applicant(s) submits that the aforesaid observations show that the learned Judge had made up his mind and therefore the applicant(s) apprehend that they will not get justice from the learned Judge. He, therefore, submit that the case be transferred to some other Court. This plea has been opposed by learned counsel for the victim and learned counsel for the Union of India.
(3.) We have gone through the entire order of the judge and the observations at paras (iii)& (iv) were necessitated only to explain the delay in filing the complaint by the prosecutrix. These observations are not on the merits of the allegations made therein. Even the judge is cognizant of this and therefore had recorded the following observations in para (xiv):