RAVI KAPOOR Vs. STATE OF U P

JUDGEMENT

(1.) THIS application under Section 407, Cr. P.C., has been filed for transfer of the proceedings of Sessions Trial No. 804 of 1993, State v. Lajpat Rai Kapoor and others, pending before the Ilnd Additional District and Sessions Judge, Agra, to any other court competent to try the matter.

(2.) ON presentation of this application on 8.7.1997, the learned A. G. A. was allowed time to file a counter-affidavit a comment from the concerned court called for. There was, however, no direction for issuance of any notice on the second respondent, the informant of the case. The matter was directed to be put up on 26.8.1997 and further proceedings in Sessions Trial No. 804 of 1993 were stayed till 1.9.1997. The matter was heard on 27.8.1997 and has been directed to be put up on 1.9.1997 itself for orders. The informant appeared through a learned counsel at the time of the hearing. After the matter was kept reserved for judgment on 1.9.1997, an application was placed for extension of the stay order which is not at all necessary in view of the fact that final orders are being passed today itself.

(3.) WHEN the matter went back to the court below and was placed before the Ilnd Additional Sessions Judge, Agra, the defence proposed to examine the witnesses for whom the prayer was already allowed by his predecessor. The Court, however, stuck to the letters of the order of Hon'ble Justice R. N. Ray, dated 4.2.1997 and declined an opportunity to the defence to examine witnesses.