UPENDRA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Aminuddin Ahmad Khan, learned counsel for the petitioners, Mr. Manan Kumar Mishra, learned senior counsel for the informant and Dr. Indiwar Kumari, learned A.P.P. for the State.

(2.) The present application has been filed by the petitioners, who are facing trial at Gopalganj in Sessions Trial No. 23 of 2010, for transfer of the said case to the adjacent district of Siwan.

(3.) Learned counsel for the petitioners submits that a member of the Bar at Gopalganj is an accused in the counter case filed on behalf of the petitioners against the informant and others of the present case. It is submitted that in view of the said learned advocate being a member of the Bar, the petitioners have genuine Patna High Court apprehension that their case would not be properly defended which might result in miscarriage of justice. Learned counsel submits that the cause of action was precipitated on 16.02.2012 when the petitioners were literally left with no learned counsel being ready to appear on their behalf and in this regard it has been brought on record the objections signed by various lawyers, who were initially appearing on behalf of the petitioners, stating that for various reasons they would not be able to defend the petitioners. The said petitions were noticed by the court concerned in its order dated 16.02.2012 in which it is also mentioned that earlier the petitioners were defended by one Mr. Birendra Singh, learned counsel coming from Siwan but he had also give up appearing on behalf of the petitioners in the present case. When the case was heard earlier on 27.02.2012, this Court had noticed such facts and had asked the District and Sessions Judge, Gopalganj to make a preliminary enquiry in the matter by calling the advocates who had filed the petition before the court concerned and to hear their side of the story. He was also directed to call five other lawyers who, according to him, could assist the court in a competent way, being practitioners on the criminal side and who were willing to offer their services.