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Judgment
Gautam Kumar Choudhary, J
The instant transfer petition has been filed for setting aside the order dated 12.07.2022 passed by the Judicial Commissioner, Ranchi in Cr. Misc. Case No. 131 of 2022 whereby and whereunder, learned court below was pleased to reject the prayer for transfer of Doranda (A) P.S. Case No. 298/2014 (G.R. No. 3104/2014) from the court of Sri Raj Kumar Pandey, learned J.M.F.C.-XXIV, Ranch to another court.
The transfer petition has been filed mainly on the ground that prosecution witness no. 4-Indradeo Prasad Singh, who was the informant of the case, when appeared for his evidence, learned court below did not give him sufficient opportunity for cross examination. From this, an inference was drawn that the court below was prejudiced against the accused. It is also submitted that when the conducting counsel was insisting for getting more time, he was threatened by the court below.
Learned A.P.P. assisted by learned counsel for the informant, opposed the transfer petition and submitted that four witnesses have been examined without any objection made on behalf of the petitioner. Informant Indradeo Prasad Singh was examined on 05.03.2020. Thereafter, due to Covid-19 Lockdown, the matter was adjourned and he was further cross-examined on 23.05.2022. Learned court below gave ample opportunity for cross-examination and recorded the evidence till 1:50 pm but despite that in order to delay the trial, learned counsel for the petitioner sough further time for cross examination. Under the circumstance, cross examination was closed and the witnesses were discharged.
After having considered the rival submissions, it is apparent that the present petition has been filed for transfer as the court did not permit unbridled opportunity of cross-examination of the witness.
The petition for transfer is devoid of any merit and accordingly stands rejected.