LAWS(ALL)-2008-3-244

DEVENDRA Vs. STATE OF U.P.

Decided On March 27, 2008
DEVENDRA Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) A prosecu­tion witness named in first information re­port in a double murder case S.T. No. 47 of 1999 under sections 147, 148, 149, 307 and 302 I.P.C. Police Station Sihani Gate, Dis­trict Ghaziabad, pending in the Court of IXth Addl. District & Sessions Judge, Ghaziabad has moved this application, seeking transfer of the case, from Court concerned.

(2.) I have heard Sri Nitin Gupta, ad­vocate for the applicant and Mohd. Israil Siddiqui, Addl. Government Advocate for the State.

(3.) THIS was not the right procedure because section 278 Cr.P.C. provides, cor­rection after the statement has been read over to the witness. The order of the Judge postponing the matter at the time of argu­ment was not correct and justified. He shall pass order immediately thereon, before listening to argument.