ABDUL HAMID Vs. STATE OF U P

JUDGEMENT

(1.) BARKAT Ali Zaidi, J. Abdul Hamind is an accused in S. T. No. 368 of 2007 under section 307 I. P. C. , Police Station Kotwali Nagar, District Bulandshahar, pending in the Court of Addl. Sessions Judge, Fast Track Court No. 18, Bulandshahar. He has come to this Court seeking transfer of this Trial to another Court in the District.

(2.) THE ground on which the transfer is sought, is that the Trial Judge refused him to defer the cross-examination of P. W. 2 Ram Singh and recorded the statement of P. W. 3 S. I. Som Pal Singh rejecting adjournment applications despite that his Counsel was ill on both the dates and that on 29. 9. 2007 when statement of P. W. 3 was recorded and that the advocates were also on the strike, and also rejected the application for recalling the witnesses.

(3.) ON the next date, advocates were on strike, therefore, the lawyers did not appear and that his Counsel was also ill when the statement of P. W. 3 was recorded, technically speaking, Court work could not be suspended because of lawyers strike and the Trial Court was, therefore, justified in recording the statement of P. W. 3.