LAXMI NARAIN PANDEY Vs. STATE OF U P

JUDGEMENT

(1.) Heard Mr. D.S. Misra assisted by Mr. Kailash Prakash Pathak for the applicant, Mr. Vijai Shanker Misra assisted by Mr. Rahul Misra for the Respondent Nos. 2 and 3 and Mr. N.D. Rai learned AGA for Respondent No. 1 and perused the record.

(2.) By this transfer application under Section 407 of the Code of Criminal Procedure (in short 'the Code'), the applicant Laxmi Narain Pandey, an accused, has sought for transfer of S.T. No. 435 of 2006, State v. Laxmi Narain Pandey and Ors., from the Court of Additional Sessions Judge, Court No. 2, Azamgarh to any other district preferably of western Uttar Pradesh.

(3.) Mr. D.S. Mishra submitted on the basis of letters dated 12.6.2007 (Annexure 5A) and 22.8.2007 (Annexure 7) of the then District and Sessions Judge Mr. (sic) Service Commission to fill up these posts in the following manner: (i) three out of 22 posts were to be filled up as special recruitment for OBC, and (ii) remaining 19 posts (10 General, 7 OBC and 2 SC) were to be filled up with normal reservation.