P SRIDHAR Vs. STATE OF U P

JUDGEMENT

(1.) THIS is an application under Section 432, Cr. P. C.

(2.) A criminal complaint was filed by P. Sridhar, in his capacity as Branch Manager of U. P. Machinery Company, against the opposite party No. 2 Mata Prasad, in the court of the Judicial Magistrate, Rai Bareli, on 9-9-1971 for the commission of offences under Sections 177, 408 and 418, I. P. C. After enquiry the case was committed to the Court of Sessions Judge, Rae Bareli on 11th December 1972. The Sessions Judge transferred it to the file of the Additional Sessions Judge Sri L. S. P. Singh (S. T. No. 178 of 1972, State v. Mata Prasad ). The trial commenced before Sri Singh on 29th/30th May, 1973. The petitioner P. Sridhar was examined before Sri L S. P. Singh on 23-71973 as P. W. 1 Vinod Chand was also examined on 23-7-1973 as P. W. 2 but his cross-examination continued on 24-7-1973. 1st August 1973 was the next date fixed in the case for evidence.

(3.) IT appears that in the meantime, much prior to the date fixed, Sri L. S. P Singh, Additional Sessions Judge was ordered to be transferred from Rai Bareli to Unnao. Sri J. P. Sinha took charge from him as Additional Sessions Judge, Rae Bareli.