LAWS(ALL)-2006-12-185

LALIT Vs. STATE OF U P

Decided On December 07, 2006
LALIT Appellant
V/S
STATE OF U P Respondents

JUDGEMENT

(1.) IN this transfer application, the only prayer of the applicants is for the transfer of the case (No. 826 of 2003, State v. Lalit and Ors.), from the Court of 1st Additional Sessions Judge, Agra. The case is under Sections 302 and 307 I.P.C. and Section 25 of the Arms Act.

(2.) I have heard Sri Mithilesh Kumar Shukla, Advocate for the applicants and Sri S.L. Kesharwani, learned A.G.A. for the State.

(3.) THE words used in the grounds of petition are that re - examination of the witnesses was not allowed, which is wholly inconsistent with facts, and contrary to what has been argued because 're -examination' means further examination of a witness who has already been examined. Here the real plea of the applicants is that they wanted to produce two defence witnesses for which opportunity was not provided.