BANSH NARAIN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) BARKAT Ali Zaidi, J. This an application for transfer in S. T. No. 26 of 2006 (State v. Bansh Narain Singh and others) under section 364 I. P. C. , pending in the Court or Addl. Sessions Judge, Fast Track Court, Chandauli, has been moved by one of the three accused on the following grounds for transfer to some other District, (i) The Judge expressed his strong displeasure when P. W. 1 did not support the prosecution version, and he, also scolded the other witnesses, who did not support the prosecution version, (ii) "the judge could not control his tongue and the result was that the judgment being delivered, he in open Court said to the accused persons that their entire glamorous life and aristocrat life style, valuable assets and hotels would turn to ashes when they would be convicted very soon". (iii) The judge seems to be in league with the informer and the informer was seen coming out of the bungalow of the Judge many times (iv) The applicant is an old person of 82 years and is a heart patient and is not given proper treatment in jail.

(2.) HEARD Sri Viresh Mishra, Senior Advocate, assisted by Sri Amit Mishra Advocate for the applicant and Sri Sanjai Sharma, Addl. Government Advocate for the State.

(3.) AS regards ground No. 4, this is no ground for transfer from one District to another. It may be a ground for bail, not transfer.