VIBHA TIWARI Vs. STATE OF U P

JUDGEMENT

(1.) THIS is an application moved under section 407 Cr.P.C. for the transfer of sessions trial No. 15 of 2009 State v. Shekliar Tiwari and others under sections 147, 148, 149, 302, 323, 342, 364, 457, 201, 120 -B and 506 I.P.C. and sec ­tion 7 of Criminal Law Amendment Act P.S. Diviyapur, District Auraiya to some adjoining district.

(2.) HEARD Shri Viresh Mishra, learned Senior Advocate assisted by Shri Birendra Singh and Shri Dilip Kumar, learned Counsel for the applicants, Shri Amrendra Nath Singh, learned Counsel for the complain ­ant, Shri Desh Ratan Chaudhary, learned A.G.A, and have gone through the material on record and the comments of the District and Sessions Judge, Auraiya.

(3.) THE State of U.P. has opposed the transfer application by filing counter affi ­davit stating that applicant Shekher Tiwari, is sitting M.L.A. of the ruling party, having long criminal history and his involvement in the murder of Executive Engineer at ­tracted the attention of media but it has no adverse effect upon the Trial Court. The trial of the case is going on in District Court Auraiya without any pressure or prejudice.