VIJAY SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) -By this transfer application, the accused in the abovenoted Sessions Trial wants their case transferred from Agra to some other district and the reason given is three fold : (i) that short dates were given by the trial Judge on application moved on three occasions by the counsel for the accused on the ground that his wife was unwell ; (ii) that certain members of bar and some prosecution witnesses are exerting pressure on the Court to pronounce against the accused ; (iii) that when the counsel for the State had earlier moved an application for adjournment no costs was awarded by the trial Judge while on the application for adjournment by the counsel for the accused, Rs. 200 were awarded as costs.

(2.) HEARD Sri Akhilesh Srivastava, advocate for the applicant and Mohd. Israil Siddiqui, Addl. Government Advocate, for the State.

(3.) AS regards, the ground that on the application by the counsel for the State, no costs was awarded, while the costs was awarded on the request for adjournment by the counsel for the accused, it will be seen that it would be in the discretion of the Court to award costs. It has also to be noticed that two more adjournments were taken by the accused on the same ground, but no costs was awarded by the trial Judge. This cannot, therefore, be considered a ground for transfer.