STATE OF UTTAR PRADESH Vs. RAM BAHADUR SINGH

JUDGEMENT

(1.) This is an application under Section 526, Criminal P. C., by the State of Uttar Pradesh for the transfer of a Sessions Trial against Ram Bahadur Singh under Sections 302, 363 and 366, read with Section 120-B of the Indian Penal Code from the Court of Sri V. N. Prasad, District and Sessions Judge, Kanpur, to some other Court outside the district of Kanpur on the allegations that the attitude adopted by the learned Sessions Judge as disclosed in the accompanying affidavit led to the apprehension that the evidence adduced by the prosecution subsequent to the commencement of the trial on the 9th of July, 1956, would not be adjudged fairly and that the atmosphere of Kanpur was surcharged for the trial of the case at Kanpur.

(2.) The affidavit accompanying this application was sworn by Sri Ram Narain Kankan, Public Prosecutor, C. I. D... I. B., U. P., Kanpur. Ii may also be mentioned here that the investigation of this case was done by the Criminal Investigation Department of the State.

(3.) In view of the statement of the learned Deputy Government Advocate withdrawing the application after a discussion of certain considerations affecting such an application and without any discussion of the matter on merits to the effect that he was authorised to withdraw this application, it is not necessary to detail the allegations made in the affidavit accompanying the application, the reply given to them by the learned Sessions Judge of Kanpur and the further narration of facts, during the course of the proceeding of the case, in the explanation of the learned Sessions Judge.