(1.) This is an application made by the accused of S.T. No. 529/M of 1983 (State v. Bachcha Pande and others) for the transfer of the case from the court of III Additional Sessions Judge, Kanpur to that court in the district of which Sri OP. Garg is now the Presiding Officer.
(2.) On 24.41983 when charges were framed in this case, Sri OP. Garg was the Presiding Officer of the III Additional Sessions Judge, Kanpur. It was on this date that the applicants pleaded not guilty to the charge read over to them by Sri Garg. No evidence was recorded on that date by Sri Garg who fixed another date for recording evidence in the case. However, before any evidence could be recorded in the case, Sri Garg was transferred from that court to another court in the same Sessions Division. The recording of evidence in the case was actually started on 25.7 1984 by the successor of Sri Garg who after recording the statement of only one witness Kalloo, adjourned the case to 7.8.1984 for further evidence. In the meantime the applicants filed the instant application before this Court for transfer of this case to the court of Sri OP. Garg on the ground that the successor of Sri Garg has no jurisdiction to try this case.
(3.) According to the applicants the jurisdiction of Sri Garg in the case has not at all ceased as his transfer to another court in the same Sessions Division actually meant a change of his designation. His jurisdiction in the case did not, therefore, cease on account of this change of designation. It is only he who has jurisdiction in the case. It should, therefore, be transferred to his court for further trial. The above contention of the applicant is based on a decision of Division Bench of this Court in Punjab Singh and others v. State of U.P.