KESHAV PRASAD GUPTA Vs. STATE OF U P

JUDGEMENT

(1.) THIS an application under Section 407 of the Code of Criminal Procedure for the transfer of S.T. No. 88 of 2005 under Sections 498A and 304B, I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Saraimeer, district Azamgarh, from the Court of Additional Sessions Judge/Fast Tract Court No. 3, Azamgarh to any other Court in the same Sessions Division.

(2.) HEARD Sri Rajiv Lochan Shukla, learned counsel for the applicant, the learned A.G.A., for State, Sri Dinesh Kumar Yadav, learned counsel for the opposite parties Nos. 2 to 5 and have gone through the material on record.

(3.) THE comments of the Presiding Officer were called by this Court. THE Presiding Officer has stated that he did not go to Allahabad on 9.8.2008. On 9.8.2008, it being second Saturday, the presence of reader residing at a distance for 15-16 kms. from the head-quarter, at the bus stop is unbelievable. THE statement of doctor was recorded on 4.8.2008 in the presence of the Presiding Officer, the Additional Government Advocate (Crl.), the complainant and defence counsel and the witness was cross-examined the same day by the Additional Government Advocate (Crl.). On 29.8.2008, Sri Shiv Dhani Singh counsel for the complainant threatening to get the case transferred insisted for not recording the statement of witness Subhash Chandra Pandey. Since the attendance of witness was procured after long correspondence he was unwilling to adjourn the case. THE defence counsel intervened and offered to bear the expenses of the witness, the case was adjourned. This transfer application making frivolous allegations has been moved by the applicant in consultation with his counsel Sri Shiv Dhani Singh.