VIKAS YADAV Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) These are the petitions arising out of case no. 78/2002 under Section 364/302/201 IPC read with Section 34 IPC, Kavi Nagar Police Station, Ghaziabad, seeking transfer of the case under Section 407 Cr.P.C., pending before the Court of Sh.S.N. Dhingra, Addl. Sessions Judge to any other court of competent jurisdiction. It is pertinent to mention that earlier to these petitions, the petitioners had also moved a similar petition before this court which was dismissed with sombre advice by his Lordship Justice R.C. Chopra to the learned Additional Sessions Judge that judges trying criminal cases should neither be too vocal nor to be excited in making observations or comments which may have tendency to send wrong signals to the parties.

(2.) This case which was transferred from U.P. to Delhi by the orders of the Supreme Court, was assigned for trial by the District and Sessions Judge of Delhi to the learned Additional Sessions Judge, Sh. S.N. Dhingra.

(3.) The earlier petition was a result of various incidents that took place during the proceedings which allegedly caused serious apprehension in the mind of the petitioners that they may not get a fair trial. Some of the incidents that took place since 20th January, 2003 detailed in the said petition were like this:-