JUDGMENT

ALTAMAS KABIR, J. -

1. This Transfer Petition has been filed by one Surendra Pratap Singh, whose brother Raghvendra Pratap Singh, a practising Advocate of Pratapgarh, U.P., was murdered on 24th June, 2005. On the basis of the First Information Report lodged by the Petitioner on the same day at 9.30 p.m. at Antu Police Station, Case Crime No.19 of 2005 was registered against one Brijesh Mishra, MLA, his brother, Mahesh Mishra and associates, Hari Shankar and Gopi. During investigation, the Investigating Agency arrested three out of four accused persons, namely, Mahesh Mishra, Hari Shankar and Gopi, but did not arrest Brijesh Mishra, who was an MLA of the Bahujan Samaj Party. The Investigating Agency submitted charge-sheet No.79 of 2005 against all the accused persons under Sections 307 and 302 IPC in the Court of Chief Judicial Magistrate, Pratapgarh, wherein Brijesh Mishra was shown to be an absconder. On 24th August, 2005, the learned Magistrate took cognizance of the case and issued non-bailable warrant against the said Brijesh Mishra, which apparently was never executed.

2. On 15th September, 2005, the said Brijesh Mishra, who has been made Respondent No.2 herein, applied