Anoop Singh and Others vs State of U.P.

Gopi Nath, J.—This is an application for transfer of S. T. No. 26 M of 1982, State v. Anoop Singh and Ors., pending in the court of the Sessions Judge, Kanpur. The case is u/s 302 Indian Penal Code and the applicants are the accused persons therein.

The ground for transfer is that the applicants are not getting the services of a senior criminal lawyer at Kanpur to conduct the case on their behalf. A report was called for from the Sessions Judge. His report is as follows:-

.... With reference to the order of the Hon''ble Court dated February 8, 1982, in the above, I have enquired from the senior lawyers who generally appear in Capital sentence cases at this place. They have declined to put in appearance and some of them are engaged already on the side of the prosecution as special counsel.

In connection with the applications for bail in this case there was appearance by Sri Vishwanath Kapoor, Advocate, Unnao and on one occasion by Sri Ghan Shyam Dixit Advocate a Jr. lawyer at this place. The Secretary Bar Association confirms that there was a resolution passed to the effect as indicated in the annexure to the affidavit filed by the applicant. In face of all this it appears that the accused are not in a position to obtain the services of Sr. Crl. Lawyers at Kanpur to conduct this case." From a perusal of this report it is apparent that the applicants are not getting the services of a senior criminal lawyer at Kanpur. The case being one u/s 302 Indian Penal Code , it seems proper that the case be transferred to another district to enable the applicants to engage a lawyer of their satisfaction.

The petition is accordingly allowed. S. T. No. 26 M of 1982, State v. Anoop Singh and Ors. S. T. No. 26 M of 1982, is transferred to the court of Senior Judge, Etawah, who may try it himself or transfer it to some other court of competent jurisdiction for disposal according to law. Revision allowed.