BUDHYA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is an application for transfer moved on behalf of Budhya alias Budhi Ram and six others praying therein to transfer the entire and all the proceedings connected with it including the bail matter to some district other than Basti.

(2.) On this transfer application, officer was directed by this Court to fix the aforesaid application along with the report of Sessions Judge in 31-8-1989 for orders. Later on, an application was presented before me on behalf of applicants Budhiya and others on 27-9-1989 seeking this court to fix an early date for taking up the matter for hearing and disposal out of the exigencies that the Chief Judicial Magistrate allegedly had avowed in the Court that he would reject all the proceedings connected with the case as against the applicants and further that amongst the persons detained in Jail in the aforesaid case, there is a child aged about 13 years of age and in view of the facts aforesaid that the applicants are apprehensive of the justice being dispensed to them at Basti courts, they prayed for transfer of the aforesaid case to some other District and further for hearing of their applications for bail by this Court. The case was directed to be taken up today on 27-9-1989 for hearing and disposal.

(3.) I have gone through the application the affidavit and annexures thereto. A resume of the case bearing on the merits of the facts of this case which would be necessary for proper appraisal of the facts involved in the case is that initially a case at Crime No. 134 of 1989 under Sections 147, 148, 149, 307, 303, 504 and 506 I.P.C. was registered at Police Station Dudhara, District Basti at 3.30. p.m. on 1-6-1989 as a sequel of a report lodged by Smt. Hayatunnissa against the applicants Budhiya alias Budhi Ram, Sukhram, Haji Anis, Abdullah Salah Uddin alias Jallauddin. Yar Mohammed and Raees, all residents of village Rudhauli, Police Station Dudhara District Basti. Subsequently as is testified by the Pairokar appearing on a behalf of the applicants, a charge-sheet was submitted in the court of Chief Judl. Magistrate, Basti on 16-8-1989 in the aforesaid Case Crime No. 134 of 1989 against the applicants. It transpires from a perusal of the record that Chief Judl. Magistrate, Basti had embarked upon proceedings under Section 83, Cr. P.C. against the applicants on motion by the Investigating Officer in order to secure surrender of the applicants. In passing, it may be mentioned that all the applicants excepting Sukhram had surrendered themselves in the court of Chief Judl. Magistrate Allahabad on 14-6-1989. So far as Sukhram is concerned, he was arrested by the Police at Basti. As of now, all the applicants are incarcerated in the district Jail at Basti. The Pairokar of the applicants states that the case has not been committed to the court of Sessions so far.