JAGDISH PRASAD PANDEY Vs. STATE OF U P

JUDGEMENT

(1.) K. C. Bhargava, J. This is an application for transfer of Sessions Trial No. 461 of 1987 pending in the Court of Vth Addl. Sessions Judge, Lucknow.

(2.) LEARNED Counsel for the applicant and the State have been heard. According to the learned Counsel for the applicant Sri S. P. Srivastava was Vth Addl. Sessions Judge and now he has been transferred as IVth Addl. Sessions Judge. While the case was pending in the Court of Sri S. P. Srivastava he recorded the statement of Doctor, P. W. 4 According to him when it is a part heard case it should be tried by the same Judge who has started the evidence and the case should be transferred to his Court. This application has been opposed on the ground that Sri S. P. Srivastava has not recorded the entire evidence and the evidence of other witnesses was recorded by another Sessions Judge who has now been transferred from Lucknow to some other place. According to the learned State Counsel it will not be treated as a part-heard case if the statement of a Doctor was recorded by Sri S. P. Srivastava.