Mustafa and Others vs State of. U.P.

P.N. Bakshi, J.—This is a transfer application. In Sessions Trial No. 72 of 1983 charges were framed by Sri R.P. Yadav, VI Addl. Sessions Judge, Gorakhpur. He examined all the eye witnesses except one. Thereafter due to change in the designation the case came on to the file of Sri Intiaz Uddin. He examined one eye witness and a few formal witnesses. Thereafter evidence was closed and arguments were heard and a date was fixed for judgment which was adjourned to 11-8-1983. It was at this stage that the instant transfer application was filed before This Court and stay order was obtained on 9th August, 1983.

I have heard learned Counsel for the parties and have also perused the affidavits, and the materials on record. In view of the Division Bench decision of our court, there can be no doubt that Sri R.P. Yadav who framed the charges and recorded evidence at the initial stage, is a court competent to conclude the trial. A mere change in the designation would not divest him of jurisdiction which he originally possessed.

Counsel for the opposite party has argued that there has been delay in the filing of this transfer application because the applicant had come to court when judgment had been reserved. That circumstance alone by itself would not be enough to reject this transfer application. I am aware of the fact that very recently I have decided a transfer application Babu Lal v. State 1983 AWC 911 : 1983 ACR 489 in which the circumstance of delay in filing the transfer application was taken into consideration by me, but in that case there was several other circumstances which also influenced me to reject the transfer application. The cumulative effect of all those circumstances resulted in the rejection of the transfer application. In my opinion mere delay in filing the transfer application is not a sufficient circumstance by itself for rejecting this application.

As I have mentioned above, in view of the Division Bench decision in Punjab Singh''s case 1983 AWC 55 I hereby order that Sessions trial No. 72 of 1983, State v. Mustafa and Ors. pending in the court of Sri Intiaz Uddin, VI Addl. Sessions Judge Gorakhpur, shall be transferred to the court of Sri R.P. Yadav, Vth Addl. Sessions Judge, Gorakhpur, who will proceed to decide this case in accordance with law. A copy of the order shall be given to the counsel for the applicant, on payment of usual charges within 3 days.