SURENDRA SINGH GURJAR Vs. STATE OF U.P.

JUDGEMENT

(1.) This transfer application has been filed by 12 accused applicants, under section 407 Cr.P.C. to transfer Session Trial No. 753 of 2008 (State v. Ashok Dixit and others) connected with Session Trial Nos. 757 of 2008, 758 of 2008 and 759 of 2008 pending before the Court of the learned Additional Sessions Judge, Court No. 1, Firozabad to any other Court of competent jurisdiction of any adjoining district. Counter and rejoinder affidavits have been exchanged.

(2.) The grounds for transfer have been taken in the transfer application itself.

(3.) According to the applicants they are accused in the aforesaid session trials, which were pending in the Court of the learned Additional Sessions Judge, Court No. 9, Firozabad, who after recording the evidence of prosecution and defence witnesses, heard the arguments of prosecution and when the date was fixed for final arguments of the accused, first informant, opposite party No. 2, Om Prakash Yadav, filed transfer application before the Court of the learned Sessions Judge, Court No. 1, Firozabad to transfer the main Session Trial No. 753 of 2008 from the Court of the aforesaid learned Additional Sessions Judge, Court No. 9, Firozabad to any other Court of the competent jurisdiction on the ground that he had no faith in the Presiding Officer of the aforesaid Court. Comments were called for from the learned Additional Sessions Judge, Court No 9, Firozabad by the learned Sessions Judge on which the Presiding Officer concerned submitted his report contending that the allegations made by the first informant are false but since the informant claims to have has lost confidence in him, he himself is not inclined to try the aforesaid sessions trials. Since the High Court has already given directions twice for expeditious disposal of the aforesaid trials, preferably within six months and therefore, he had sit tight over the matter and did not allow frivolous and fictitious attempted adjournments made by the parties.